Drunk Driving Defense

It is essential in any OWI defense to have an Attorney represent you. For every Drunk Driving case that I undertake I do a thorough investigation to determine that your rights were not violated. First I look at whether the police officer had a reason to stop you. In the absence of a traffic violation an officer must have a reasonable and articulable suspicion of ongoing criminal activity to stop you. Second, I look at whether the officers had a reason to force you to submit to chemical testing. Officers must have reasonable cause to administer a breath test. This is accomplished by determining whether the officer administered Field Sobriety Tests in accordance with National Highway Traffic and Safety Administration guidelines. Third, I will determine if administrative rules were followed in administering the actual chemical test. Any deviation from approved methods of administering the Breathalyzer test will call the BAC results into question. The results of the investigation will assist in mounting a proper defense. I will often request in-car videos, 911 tapes, and dispatch tapes from the police department to bolster your case.

PENALTIES

1st Offense

"OWI" Operating While Intoxicated:

* 93 days in jail. * $100 to $500 fine
* 360 hours of community service
* 30 Day Driver's License Suspension
* 150 Day Driver's License Restriction
* Six points added to driving record
* $1,000 Driver Responsibility Fee for two years

"OWVI" Operating While Visually Impaired:

* 93 days in jail.
* $100 to $500 fine
* 360 hours of community service
* 90 Day Driver's License Restriction
* Four points added to driving record
* $500.00 Driver Responsibility Fee for two (2) years

2nd Offense

Any combination within SEVEN YEARS:

* five (5) days to one (1) year in jail
* $200.00 to $1,000.00 fine
* Thirty (30) to ninety (90) days Community Service
* Driver's License Revocation for a MINIMUM of one (1) year
* License Plate Confiscation
* Possible Vehcle Forefeiture
* Vehicle Immobilization ninety (90) to one hundred eighty (180) days
* Six (6) points on Driver's Record
* $1,000 Driver Responsibility Fee for two (2) years

3rd Offense

Any combination within lifetime (FELONY):

* One (1) to Five (5) years in Prison
* $500.00 to $5,000.00 fine
* Sixty (60) days to one hundred eighty (180) days Community Service
* Driver's License Revocation for a MINIMUM of Five (5) years
* License Plate Confiscation
* Possible Vehcle Forefeiture
* Vehicle Immobilization One (1) to Three (3) years
* Six (6) points on Driver's Record
* $1,000 Driver Responsibility Fee for two (2) years