In the event you have been arrested for OWI, you will want to retain the services of an OWI lawyer. This legal professional is an expert in the law and is trained in how to best defend you against an OWI charge. He will challenge any evidence used against you and fight to reduce the charges or get the case thrown out altogether. Listed below are some of the reasons why it is important to hire a lawyer for an OWI.
BAC is.08 or higher
If you’ve been arrested for DWI or DUI, you need an experienced attorney to fight your case. A conviction for a high BAC can result in years of prison time, extensive fines, and court-ordered substance abuse programs. You need to hire an experienced attorney as soon as possible. Here are some important things to keep in mind. First, make sure that you’re not guilty before your arraignment.
The consequences of being arrested for a DUI/DWI offense depend on the BAC and aggravating factors. A first offense can mean a $1,000 fine and as many as 180 days in jail. A BAC of.08 or higher is considered significantly impaired, and you’ll likely be sentenced to at least ten days of jail time. However, if your BAC was higher than.08, you’ll likely have to serve an additional three months of community service. Depending on the severity of your offense, you may also face a two-year suspension of your driver’s license.
BAC is.08 or higher to be charged with OWI
If you have a BAC of.08 or higher, you may be charged with OWI, or operating a vehicle while intoxicated. If your BAC is lower, you may still be charged with DUI. You will also be charged with an OWI if you fail the Field Sobriety Tests, which determine if you have reached the legal limit. A BAC of.08 or higher will result in an arrest.
When calculating your BAC, it is important to remember that people react to alcohol differently, so the exact level that you need to reach to be convicted of OWI depends on your gender and age. The BAC chart below provides a rough estimate of the level that you must have to be charged with OWI. As you approach 0.08%, you may begin to exhibit symptoms that indicate that you are intoxicated, such as unsteady balance, slurred speech, and impaired judgment.
Field sobriety test
If you are arrested on suspicion of drunk driving, the police will often ask you to take a field sobriety test or even a breathalyzer test. Although there are many flaws with these tests, an experienced DUI attorney can make a difference. There are several ways to challenge the validity of the tests and get a reduced charge or even a dismissal of your case.
The objective of a field sobriety test is to determine whether you can follow simple instructions. For example, the police will ask you to stand with one foot about six inches off the ground and count backward from one to ten while looking down at the foot. During this test, the police will closely observe your body tremors and any swaying that indicates an impairment.
Blood test
Your BAC (blood alcohol content) results are crucial to determining whether or not you were driving under the influence. If you are charged with DUI or DWAI, the law requires you to submit to a blood test. If you refuse, the police can obtain a search warrant to take your blood. Your attorney will work with you to determine if you should agree to a blood test. A lawyer can also negotiate on your behalf to have the charges reduced or dropped.
There are several reasons why the results of a blood test are not accurate. These mistakes can be related to protocol, lack of training, or outside contamination. Incorrectly applied rubbing alcohol may also cause the results to be inaccurate. In addition, improperly administered blood tests could lead to unreliable results. As a result, you should never assume that the blood test is accurate. If you are convicted of DUI, you need the help of an experienced blood test attorney to ensure your rights are protected.
Prescription drug metabolites
If you have been charged with a DUI, you may have heard about prescription drug metabolites. The liver breaks down prescription drugs and leaves metabolites. Some of these metabolites are illegal to drive with. A DUI attorney will use the metabolite level as a defense against the charge. However, if you were using a prescription drug that you should not have been, you may be liable for a DUI.
