You might not think a lawyer is necessary for your first DWI. However, this can be a huge mistake as you may receive unjust penalties without legal counsel.
According to the New York DMV, your first driving while impaired offense may carry a one-year jail term. If you do not have legal guidance, you may admit to something that affects the rest of your life.
Aggravated DWI
Not all DWI offenses are the same. An aggravated driving while intoxicated or AGG DWI carries more severe penalties and makes legal representation even more important. Circumstances that lead to an AGG DWI charge include excessive blood alcohol levels, driving while intoxicated with a child in your car, if you carried unregistered weapons or illegal drugs in the vehicle or if you caused an accident that led to injuries. In these instances, the chances for jail time are much higher. Hiring a lawyer can help reduce your sentences and receive a more favorable penalty.
Mistakes made by the arresting officer
Usually, the courts will push you to accept a plea bargain. However, a lawyer may be able to point out certain discrepancies that may lead to a reduced charge or dropped case entirely. For instance, if the police officers conducted an unlawful field sobriety test, the results may become invalid. Any difficulty or technical issues the arresting officers had with the breath test device may also invalidate the results. Do not settle for a guilty plea if you notice any inconsistent or inappropriate behavior on the officers’ part.
You cannot always get out of a DWI conviction. However, it is a mistake to go into the situation assuming the worst-case scenario. Fight back and do not accept a guilty charge at face value.