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Owi Charge

April 6, 2024 Uncategorized

What to Do After Being Charged with an OWI

Getting Charged with an OWI Can Be Scary – But You Have Options

Getting pulled over and charged with an OWI (Operating While Intoxicated) can be a terrifying experience. You’re probably feeling a mix of shock, confusion, and fear about what’s going to happen next. Take a deep breath – while an OWI charge is definitely serious business, it’s not the end of the world. With the right legal team on your side, you can fight these charges and work towards the best possible outcome. At Spodek Law Group, we’ve been defending clients against OWI and DUI charges for decades. We know how overwhelming and stressful this situation can feel. But we also know that you have rights, and there are defense strategies that can be employed to protect your future. So if you’ve recently been charged with an OWI, here’s what you need to know and do next.

First Things First – Don’t Panic, and Don’t Say Anything

I can’t stress this enough – the moments after being charged are crucial. Anything you say can potentially be used against you, so the smartest thing is to stay silent beyond identifying yourself. Don’t try to explain, justify, or talk your way out of the situation. As hard as it might be, remain calm and compliant with the officer.Once you’re released, the first call you should make is to an experienced OWI defense attorney like those at Spodek Law Group. We have a 24/7 hotline for situations just like this. Our team can start working on your defense right away while everything is still fresh.

Understanding OWI Charges and Penalties in Your State

The specifics of OWI laws and potential penalties vary from state to state, but generally an OWI refers to operating a vehicle with a blood alcohol content (BAC) over the legal limit, which is 0.08% for most adults. You can also be charged with an OWI for operating under the influence of drugs.In many states, a first-time OWI offense is classified as a misdemeanor. But don’t let that lull you into a false sense of security – misdemeanor OWI convictions can still result in jail time, heavy fines, a suspended license, mandatory alcohol education or treatment, and a permanent criminal record.Repeat offenses or aggravating factors like a very high BAC or causing injury or property damage can bump an OWI up to a felony charge. Felony OWI convictions carry even harsher penalties like years of prison time and thousands in fines. No matter if you’re facing misdemeanor or felony charges, an OWI on your record can have far-reaching consequences that make it difficult to find jobs, housing, or loans down the road. That’s why it’s so important to fight these charges from the very start.

Building a Solid OWI Defense Strategy

There’s no one-size-fits-all approach to OWI defense – the right strategy depends on the specific details and evidence in your case. But in general, some common defense tactics include:

Challenging the Traffic Stop

For the charges to be valid, the officer who pulled you over must have had reasonable suspicion or probable cause that you committed a traffic violation or were driving impaired. If they lacked proper justification for the stop, an experienced OWI lawyer may be able to get key evidence suppressed or even the whole case thrown out.

Questioning Field Sobriety Test Accuracy

The standardized field sobriety tests that officers use, like the walk-and-turn or one-leg stand, have been heavily criticized for their subjectivity and potential for inaccuracy. A good lawyer will scrutinize the administration of these tests and whether they should even be admissible as evidence.

Challenging Breath or Blood Test Results

There are strict rules and procedures surrounding breath, blood, and urine testing for OWI cases. If the tests were mishandled or improperly administered in any way, it can undermine the accuracy of the results. We’ll look for any possible issues that could get this evidence excluded.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Raising Affirmative Defenses

In some cases, we may be able to argue affirmative defenses like necessity (driving impaired due to a legitimate emergency) or involuntary intoxication (unknowingly ingesting a substance that caused impairment). The possibilities depend on the circumstances.

Negotiating for a Reduced Charge

If the evidence against you is fairly strong, we may be able to negotiate with prosecutors to have the OWI charges reduced to a lower offense like reckless driving. This can help you avoid some of the most serious penalties.No matter what defense approach we take, our top OWI attorneys will leave no stone unturned in pursuing the best possible resolution for your case.

Why You Need to Hire an OWI Specialist

You might be tempted to just go with a general criminal defense lawyer or try to represent yourself for an OWI charge. But OWI cases are extremely technical and specialized – you really need an attorney who focuses exclusively on drunk and impaired driving cases.OWI laws and procedures are constantly evolving, and there are nuances that a generalist lawyer may not be up-to-date on. An OWI specialist will know all the latest rules, case law, and forensic science inside and out. They’ll be able to identify and capitalize on any possible flaws or weaknesses in the prosecution’s case. At Spodek Law Group, our entire practice is devoted to defending clients against OWI, DUI, and other impaired driving charges. We’ve tried countless OWI cases in jurisdictions across the country and stay at the forefront of this complex area of law. You can count on us to explore every potential avenue in pursuing a favorable outcome.

What to Expect During the OWI Court Process

Once you’ve hired legal counsel, the OWI court process will typically involve several phases:

The Arraignment

This is your first court appearance where you’ll enter a plea (typically not guilty) and the judge will set bail conditions if you haven’t already posted bond. Your lawyer can request reasonable bail terms.

The Pre-Trial Phase

This is the period where your attorney and the prosecution will exchange evidence and engage in plea negotiations if appropriate. We’ll thoroughly review all the evidence against you and start building your defense strategy.

Motions and Hearings

Depending on the circumstances, there may be various pre-trial motions and hearings for your lawyer to attend and argue motions to suppress evidence, dismiss charges, etc. These can significantly impact the case if successful.

The Trial

If no plea deal is reached, your case will go to trial where we’ll present your defense to the judge or jury. We’ll vigorously contest the prosecution’s arguments and evidence.

Potential Penalties

If you are ultimately convicted of an OWI, the penalties you face depend on factors like your BAC level, whether it’s a first or repeat offense, if anyone was injured, and more. Punishments can include jail or prison time, fines and court costs, license suspension, ignition interlock requirements, and alcohol education or treatment. No matter where you are in the process, Spodek Law Group will be by your side every step of the way, fighting tirelessly to protect your rights and interests.

Why Choose Spodek Law Group for Your OWI Defense?

When your entire future is on the line, you need to hire the very best OWI defense team you can find. Here are just a few reasons why Spodek Law Group should be your first choice:

  • Proven Track Record – We have successfully resolved countless OWI cases through dismissals, not guilty verdicts, and plea deals minimizing consequences.
  • Cutting-Edge Strategies – Our attorneys constantly study the latest science, case law, and forensic OWI defense methods to give you an advantage.
  • Meticulous Preparation – We leave no stone unturned when investigating all angles and crafting a robust, evidence-based defense strategy.
  • Tenacious Advocacy – Our trial lawyers are relentless in fighting for you and poking holes in the prosecution’s case. We take nothing for granted.
  • Client-Focused Service – Your goals and best interests are our top priorities. We keep you informed and empowered every step of the way.
  • Premier Credentials – Our firm is ranked among the top 5% by Martindale-Hubbell, and our attorneys are recognized as leaders in OWI defense.

When you hire Spodek Law Group, you get legal representation from a true OWI defense powerhouse that will give you the best chance at avoiding a conviction and minimizing consequences.

Contact Spodek Law Group for Your Free Consultation Today

No one should have to face OWI charges alone or with inadequate representation. At Spodek Law Group, we believe everyone deserves a vigorous defense and to have their rights fully protected – no matter how straightforward or complicated their case may seem.If you or a loved one have been charged with an OWI, don’t wait another day to start building your defense. Call our office at 212-210-1851 or contact us online to schedule a free, confidential case evaluation. Our team is available 24/7 to start working for you right away. We know how daunting this situation can feel, but remember – you have options, and there’s a path forward. With Spodek Law Group by your side, you can fight these charges and work towards putting this stressful chapter behind you as quickly as possible. Reach out today and let’s get started.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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