i was arrested for DWI and blew a .08 and later released from jail that night. this was my first DWI
Keeping your license: You will have to file a petition with the district court to have a judge review your license revocation. You have a 30 day deadline to do this. The judge will have the power to give your license back, but only if you provide good legal basis.
Is it possible for you case to be dismissed? Yes, it's possible. Whether you have a good argument will depend on the exact circumstances.
You should speak with some attorneys privately to get an opinion on what kinds of arguments you have available to you.
The chances of you keeping your license and/or having the DWI dismissed depend greatly on the facts of your case; however, it is possible. There are two separate proceedings.....1) the criminal case involving the DWI and 2) the administrative proceeding involving the license suspension. It is important to remember that you (or your attorney) have to be proactive in requesting a hearing in the administrative proceeding within 30 days of the suspension date. Otherwise, there is no way to challenge the suspension, even if you have a valid defense.
As far as the DWI case. You state this is your first offense, which could work in your favor. As long as the facts are not egregious (no accident, no children in the car, etc...) you may have a chance to avoid having a conviction on your record through a negotiated plea. Of course, if all else fails, you still have your constitutional right to demand a jury trial and force the prosecution to prove the case beyond all reasonable doubt (a very high standard).
I hope you find this information helpful and feel free to let me know if you have any other questions. I wish you the best of luck.
A DWI arrest with a 0.08 more claimed alcohol level will result in at least two separate legal actions: (1) an administrative drivers license revocation; and (2) criminal-DWI charges. The administrative drivers license revocation will go into effect shortly after the alcohol level is claimed to be known by the state - either immediately in the case of breath; or after a lab tech comes up with a report, in the case of urine or blood. Once the Notice of Revocation is given to the driver, the driver then has only 30 days to file a legal challenge in the form of a Petition for Judicial Review, to get a court hearing on it (33 days if it was mailed). The driver may be able to get the drivers license temporarily reinstated by the court, after filing the Petition for Judicial Review, pending the outcome of both the administrative drivers license revocation case, and the criminal-DWI case. Is it possible to win a administrative drivers license revocation case; and get all criminal-DWI charges dismissed? Of course, we can - we win these all the time. Call a DWI defense lawyer to get some help.
As stated, contact a criminal defense attorney. Based on the limited facts provided, your circumstances appear to be favorable for your sought outcome. Obviously, however, the specific details of your situation are needed to properly gauge and advise. Many criminal defense attorneys, such as myself, offer free consultations and would be glad to discuss your situation with you.
Adam W. Klotz
FREE CONSULTATIONS- 612.223.6767 ext. 3
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