Driving While Impaired is such a controversial issue, Prosecutors hands are tied when it comes to negotiating and reducing a charge of Driving While Impaired.
Upon being charged with Driving While Impaired for the first time, your license can be revoked for a period of 30 days; however, it is possible to get a limited driving privilege for work, school, or household needs.
If you refuse to take the intoxilyxer test, your license can be revoked for a period of one year whether you are guilty of Driving While Impaired or not. If challenged, it could be determined at a hearing that your implied consent rights were violated and that your license can be restored. Don’t delay speaking to an attorney to determine if your implied consent rights were violated, there are time limitations on scheduling a hearing at the Department of Motor Vehicles.
Trial or Plea?
Because DWI’s are not reduced or negotiated by the District Attorney, most of the time you have 2 options -plead guilty or go to trial. Whether to plea or go to trial is a very important decision and should not be made without a thorough investigation to determine the strengths and weaknesses of your case.