If police officers suspect someone of intoxication, they may stop their vehicle. Police officers may then ask questions and conduct tests to affirm their suspicions. Those arrested for driving while intoxicated (DWI) charges may spend a night or more in jail just waiting for arraignment.
They then have to choose how to respond to their pending DWI charge. It is quite common for people to plead guilty even if they insist that there must have been an issue with the test because they know they were not drunk. People hope for lenient sentencing after they plead guilty. They also want to avoid the expense and embarrassment possible if they take their cases to trial.
Those who plead guilty leave themselves at the mercy of the courts regarding their sentencing. They also have to deal with a permanent criminal record. What penalties could the courts assign to an individual convicted of a first DWI offense?
Lenience isn’t a guarantee
Although people may plead guilty in the hopes of lenient sentencing, the sentence imposed could still be relatively harsh. If there are aggravating factors present, the state could pursue more serious charges and enhanced penalties.
The good news for a first-time DWI defendant is that penalties are progressive. They worsen with each subsequent offense. In most cases without aggravating factors, a first DWI charge is a misdemeanor offense. The driver faces the most lenient penalties possible, but those penalties can still be significant.
They may have to pay up to $2,000 in fines, along with court costs. They could be subject to up to 180 days in jail. There is a mandatory minimum sentence of three days. They could also lose their driver’s license for up to a year.
A guilty plea could still lead to time in state custody and the maximum fine allowed by law, as well as a loss of driving privileges. People also have to consider the possibility that they might end up arrested again eventually in the future. A second charge could lead to more significant penalties. A third offense might result in felony charges.
For most people, the best possible response to a pending DWI charge involves pleading not guilty. There are a variety of potential DWI defense strategies that motorists can use if they work with a defense lawyer. Learning more about the law can help people see the value in responding assertively to their pending charges.