The best outcome for any DWI is a dismissal. A dismissal is always Cannon Law’s primary goal for any case. If there is no dismissal in a case, then going to trial and the jury finding you Not Guilty is the next best outcome. Both a dismissal and a not guilty verdict will allow you to expunge the case from your record. Once your case is expunged, you can legally deny it ever happened.
The simple answer is yes. If you plead or are found guilty of DWI, you can never completely wipe it from your record.
However, depending on the facts of your case and the time surpassed, you MIGHT be eligible for a non-disclosure. If you are eligible, this will not completely erase the arrest or conviction. Government agencies and law enforcement are still able to access these records. This might potentially allow you to seal/ hide a past conviction from future employers and from public record.
Usually no. In most cases for a first DWI, a person is not required or sentenced to any jail time if they plead or are found guilty.
Continue reading “Will I have to go back to jail if this is my first DWI?”
The state can still charge you with Driving While Intoxicated, even if the drugs in your system are legally prescribed to you. The prosecutor will have to prove that not only you had the drugs in your system, but also that they were affecting you at the time you were driving.
NO! I could write pages upon pages of all of the problems with breath and blood testing. Problems with breath and blood tests, when successfully argued, are thrown out of evidence all of the time. These can be due to both human and machine error.
Not necessarily. It would seem almost common sense that the district attorney’s office would dismiss your case if your breath or blood was under the legal limit. However, I’ve seen prosecutor’s refuse to dismiss the case out right for a few reasons.
No. Just because the breath or blood sample is alleged to be .08 or above, does not mean you are automatically guilty of a DWI.
This is always a tough question to answer. In most situations, it is better to refuse a breath or blood sample, and require the officer to get a warrant. I will go through some of the potential benefits of refusal below.
The simple answer is that you are allowed to refuse a breath or blood sample. However, if you refuse, an officer can then apply for a warrant to get a sample of your blood. If the officer obtains a warrant, he or she can take a sample of your blood without your consent- and use reasonable force to do so if necessary.
If your license is suspended from an administrative license revocation hearing, or due to a DWI conviction, you might be eligible for an occupational driver’s license. If the court grants an occupational license, the permit allows you to drive under certain conditions while your license is suspended. Requirements and restrictions can vary by county and by court.