Navigating DWI Arrests & License Revocation: Know Your Rights

Driver’s License Suspension & Revocation Following DWI Arrests

If a law enforcement officer has arrested you with reasonable suspicion of driving while intoxicated (DWI), your license is at risk in most cases. This is because license suspension or revocation can be tied to either failing a breath test or refusing to take it.

The reassuring news is that legal help is available. At the Benjamin Law Firm, LLC, we fight for individuals charged with drunk driving and offenses related to chemical test refusal. Our attorneys have a strong record of success on behalf of our clients, and we can help you, too.

Your Rights Following a DWI Arrest

Depending on the circumstances of your arrest and the evidence in your case, you retain numerous rights that may help you avoid conviction or harsh punishment following a DWI arrest. It is essential to understand these rights to protect your interests and navigate the legal process effectively.

1. Right to Legal Representation: You have the right to hire an attorney to represent you throughout the DWI proceedings. An experienced DWI defense attorney can review the evidence against you, assess the legality of your arrest, challenge the accuracy of chemical tests, and identify any procedural errors that may benefit your case.
2. Right to a Fair Trial: You have the right to a fair trial, including the presumption of innocence until proven guilty. This means the prosecution bears the burden of proving your guilt beyond a reasonable doubt. Your defense attorney can challenge the evidence presented by the prosecution and present counterarguments to protect your interests.
3. Right to Challenge the Stop: If the police officer lacked reasonable suspicion or probable cause to stop your motor vehicle, your defense attorney could challenge the legality of the stop. If the court determines the stop was unlawful, any evidence obtained after that may be suppressed, weakening the prosecution’s case.
4. Right to Challenge Field Sobriety Tests: Field sobriety tests, such as the walk-and-turn or one-leg stand tests, are subjective and can be challenged. Your attorney can evaluate the administration of these tests, potential external factors that may have influenced your performance, and any officer errors that could impact their reliability.
5. Right to Challenge Chemical Tests: If you submit to a breath, blood, or urine test, your defense attorney can scrutinize the procedures followed during the testing process. Factors such as faulty equipment, improper calibration, inadequate training of the testing personnel, or mishandling of samples can be grounds for challenging the results.

Remember that the specific rights and procedures can vary depending on the circumstances and jurisdiction. Consulting with an experienced DWI defense attorney is vital to protect your rights and navigate the legal process effectively.

Can I Lose My License For A DWI Arrest?

There are several scenarios in which you can lose your license related to a DWI arrest. They include:

Refusing to Take the Breath Test

Many people refuse a breath test for fear that they will fail it. While this can make it harder to convict you of DWI, it may mean automatic suspension for longer than you otherwise might have (if you had been convicted). Under implied consent laws, breath-test refusal often results in a one-year license revocation, regardless of your criminal case.

Taking and Failing a Breath Test

If you take a breath test and it shows a blood-alcohol content (BAC) at or above 0.08 percent, you are considered guilty “per se” and may lose your license for some time. An administrative suspension would last for 90 days.

Accumulating Driver’s License Points

A prior DWI or excessive BAC convictions can lead to losing your license due to points accumulation. In some cases, the loss of license can last for one year, five years, or ten years.

How An Experienced Attorney Can Help You

The possible consequences you may face are listed above but are not guaranteed outcomes. Skilled attorneys like those at our firm may be able to help you avoid losing your license or minimize the suspension time.

We are prepared to represent you in administrative hearings and court. The sooner you contact us after a DWI arrest, the more we may be able to do to protect your driving privileges.

Have More Questions About License Suspension? Contact Us For Answers.

The Benjamin Law Firm, LLC is your go-to resource for criminal defense and answers to criminal law questions. Located in Belton, we serve clients throughout the Kansas City metro area. To take advantage of a free initial consultation with one of our experienced lawyers, call 816-846-2219 or email us.