DWI Defense has become more specialized in recent years as the penalties and enforcement methods have increased. I am committed to putting my knowledge to work for you. I actively attend and research the latest trends in DWI enforcement to give you the defense you need.
There are usually two separate cases when you are arrested for DWI, a criminal case and an administrative one.
ADMINISTRATIVE LICENSE HEARING
If you were arrested for DWI, no matter what attorney you choose, you should immediately see if you were given paperwork (DIC-24 & DIC-25) at the time of your arrest. The paperwork should discuss the administrative license hearing, which is a hearing separate from your criminal trial and can have a detrimental impact to your driver license.
YOU ONLY HAVE 15 DAYS FROM THE DATE OF NOTICE TO REQUEST A HEARING!The paperwork you receive, or don’t receive, will depend on the type of test you took or test you refused.
An Administrative License Hearing is a hearing held after your arrest for DWI. If you voluntarily provided a blood specimen, then you will not receive notification of the hearing unless the results indicate a BAC of .08 or greater; you will receive this by mail. However, if you refuse the State test or provide a breath sample and the results are .08 or greater you should have received notice of the Administrative License Hearing.
No matter if you choose to hire The Law Office of Al Rowland, we will send in a hearing request to the State Office of Administrative Hearings with no obligation. If you choose to hire us, the cost of handling your Administrative License Hearing is included in your fee.
The Administrative License Hearing is a less-formal hearing, conducted at one of several offices across the State, in front of an Administrative Law Judge. If you hire an attorney, your appearance is not required. The State must prove their case to the judge and ensure there are no procedural errors. If the State fails to prove their case, your license will remain valid until trial. However, if the State does prove their case then your license will be suspended; we can work with you to obtain an Occupational Driver License if you meet the conditions. No matter the outcome of the hearing, your criminal case determines whether you are ultimately guilty of the crime as charged.
A proper review of your criminal case usually involves hours of in-depth investigation of the facts. The State must show that: 1) The officer had a valid reason to stop or approach you; 2) That you were operating a motor vehicle; 3) That you lost either your normal mental or physical faculties due to the introduction of alcohol or a drug; and/or 4) Your BAC was .08 or greater (.02 if under 21; .04 if operating commercial vehicle).
Our first step is to review the reason that the officer encountered you and ensure the encounter was lawful. Operating a motor vehicle is usually the least contested element of a DWI, but we have seen cases where this is at issue. Most cases will focus on the loss of normal mental or physical faculties or the BAC, and this is where my work gets intensive.
If the officer contends that you did not have your normal mental or physical faculties, he must demonstrate this to a judge or jury. Often, the officer’s testimony is based on a combination of testimony about your driving and field sobriety tests that he requests (or demands) you to complete on the side of the road. We will review the officer’s testimony about your driving and his or her administration of field sobriety tests step-by-step. We then compare them to the standards upon which they are to be observed or conducted, the NHTSA Standardized Field Sobriety Test Manual.
Blood Alcohol Testing, and the research into the testing, involves additional investigation on the part of the attorney. There are many factors that can cause the results to be inaccurate or that could give rise to excluding the results of a test at trial. We will review all steps of the test from the reading of the DIC-24, to the method of test given, to how the final result was calculated.
No matter whether you intend to reach a plea agreement or go to trial for your DWI, you deserve an attorney who has in-depth knowledge of DWI and will meticulously review your entire case BEFORE you make a decision.
Call me today atfor a free consultation!