Dwi Law

WHAT HAPPENS NOW THAT I’M CHARGED WITH DWI?

30 Day Civil Revocation of Driver’s License:

Once charged with DWI your license will likely be revoked for an initial 30 day period. You may get a limited privilege to drive for the last 20 days of the revocation. To get a limited privilege you would need to provide my office with the following:

1. Alcohol Assessment
   (call my office for recommendation of where to get this done).
2. Letter from your employer stating the specific hours and days that you work. If self employed, you will need to sign an affidavit of employment at my office.
3. Provide a DL-123 form from your insurance company/agent. This may be faxed to my office at 828-632-6501.
4. The Clerk’s Office will charge a $100.00 fee for a limited driving privilege.

If you had a valid driver’s license when you were charged, it is likely that I can get a limited privilege signed by a District Court Judge that will allow you to drive on a limited basis until you get your license back at the end of the 30 day period. You may pick up your license at the Clerk of Court’s office in the county where charged. There is a fee ($100.00) that the clerk will charge you to pick up your license.

Court Appearance and Process:

Driving While Impaired laws are complicated and punishments for DWI convictions are becoming more strict. Punishments involve community service, probation, and possibly jail time depending on the severity of your case. On your first court date, the judge will advise you of your rights to have an attorney and continue the case to allow you to hire an attorney.

The prosecutor will obtain various documents from the officer that charged you. These documents will be provided to your attorney and can contain useful information to evaluate your case. It is likely that the case will be continued a few times to allow for obtaining and evaluating these documents.

Evaluating Your Case:

Once I receive the information from the officer and the prosecutor, I can evaluate your case and determine if we can win at trial. If a plea is the better option, I can help you get a limited driving privilege in most cases and improve your chances of getting a favorable outcome in front of the court.