If you have recently been arrested for drinking and driving or a similar offense with a minor in the car, it's important to be aware that you're likely to be facing more serious charges than you might if you were alone in the car at the time. That is true even if it's your first offense or if your blood alcohol level was barely over the legal limit at the time of your arrest. If you have found yourself in that unfortunate position lately, obtaining immediate and appropriate legal representation as soon as possible is essential. At that time, asking the following questions of any attorney that you might consider hiring will be quite helpful.
Can Anything Be Done To Offset Or Minimize The Charges Against You?
It is important to note that even if there is little doubt as to your state of intoxication at the time of the arrest or that there was a child in the vehicle with you at the time, all is not lost. There are a number of defenses that could minimize the charges against you or allow you to receive a lesser jail sentence.
In some instances, it might be possible to have the charges against you dropped. However, your DWI arrest is a very serious matter that could impact your life for many years. An experienced DWI lawyer will often be able to make estimates of the penalties you may face and how likely it might be for your charges to be dismissed or reduced. For instance, your DWI attorney might know whether or not the courts in your area are amenable to people with offenses similar to your own being permitted to take alcohol awareness and parenting classes in order to reduce the charges they are facing.
Are The Charges Against You Valid And Enforcible?
While reducing the charges against you would obviously be good, eliminating them or having them dropped is even better. Typically, that might happen under very limited circumstances. For example, your lawyer might be able to have your charges dropped if your rights were violated, so if you were never read your Miranda rights or if the arresting officer did not have probable cause to pull you over, your attorney will be a very useful person to have around. In addition, you should remember that you are innocent until proven guilty.
Therefore, you shouldn't make it easier to establish for law enforcement and the courts to establish your guilt beyond a reasonable doubt by confessing to your alleged offense without the advice and presence of an experienced DWI attorney. You might be looking at an embarrassing arrest, the loss of your driving privileges, significant fines and a lot of humiliation following your unfortunate experience. You could also be spending a lot of time with Child Protective Services in the future, so adequate legal representation is of the utmost importance during the entire experience.
In conclusion, being arrested for driving while intoxicated or a similar charge is a serious problem at any time, but being accompanied by a child at the time will often increase the severity of the charges against you. If that happens, you are likely to find that asking the above questions of any attorney you might consider hiring is a good idea.
Share18 May 2017
My son and a group of his friends got in some trouble for trespassing and were arrested. Every one of the boys that were there were charged with trespassing, criminal mischief and vandalism. I contacted all of the other boys' parents and we got together to discuss the situation. After hearing the boys' stories about what happened that day, we knew that we had to hire an attorney to get the boys out of some of the trouble they were in. I have been working on my blog to help other parents that are struggling with the legal system prosecuting their kids for things that they may not have done.
