Do you know what DWI stands for? These letters are short for driving while intoxicated/impaired. It is similar to a DUI, which is driving under the influence, but not the same. Understanding the legal difference is something that a DWI lawyer in Vermont is hired to do. They interpret the law and the evidence to determine if the charge is correct and then begin to build a defense. A DWI and a DUI both carry criminal penalties. There is also a separate civil procedure that will be charged against a driver in order to suspend their driver’s license. In either case, it’s important to have a lawyer on your side.
If the intoxicating substance was alcohol, the breathalyzer test cannot read any higher than .08 percent. This makes the person considered legally intoxicated. Even if someone is from out of state, the state will still continue to pursue removing their license for at least 90 days. If the breathalyzer is refused, it is an automatic six-month suspension of the driver’s license. The two separate legal proceedings require an experienced DWI lawyer in Vermont for the best possible outcome with the evidence.
After a conviction of a DWI, the charge will remain on your criminal record forever and is also registered in the National Driver’s License Registry. In addition, a person from out of state will have it reported to their home state and penalties will usually still apply. Being found not guilty is the best outcome possible because this means there could be no license suspension and no criminal record in the future. In the end, it will also keep insurance rates down with no criminal action against a driver’s license.
There are a variety of options that a lawyer can vigorously defend a client with. For example, there has to be a reason why the police pulled someone over in the first place. The weather conditions also determine if the tests could be considered legitimate. If the area is icy or has high traffic volumes, it could be incredibly easy to fail a dexterity test. If the police video tapped the testing, this could also show the person was not as impaired as a police may report. Jason J. Sawyer, Attorney & Counselor at Law has years representing DWI clients and will help fight your case.