Blog
Owi Charge
Contents
- 1 What to Do After Being Charged with an OWI
- 2 Getting Charged with an OWI Can Be Scary – But You Have Options
- 3 First Things First – Don’t Panic, and Don’t Say Anything
- 4 Understanding OWI Charges and Penalties in Your State
- 5 Building a Solid OWI Defense Strategy
- 6 Challenging the Traffic Stop
- 7 Questioning Field Sobriety Test Accuracy
- 8 Challenging Breath or Blood Test Results
- 9 Raising Affirmative Defenses
- 10 Negotiating for a Reduced Charge
- 11 Why You Need to Hire an OWI Specialist
- 12 What to Expect During the OWI Court Process
- 13 The Arraignment
- 14 The Pre-Trial Phase
- 15 Motions and Hearings
- 16 The Trial
- 17 Potential Penalties
- 18 Why Choose Spodek Law Group for Your OWI Defense?
- 19 Contact Spodek Law Group for Your Free Consultation Today
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.
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.