Civil
and Criminal Law: Possible consequences for DWI include;
criminal consequences, revocation of driver's license, confiscation, and
consequences with immigration. These consequences must be examined. For this
reason, DWIs remain a complicated legal issue that requires the expertise and knowledge that only a lawyer can provide.
Detention
and Arrest
From the
first contact of your clients with the police, a Criminal Defense Attorney should analyze if the officer had reasonable and articulable
reason to stop the vehicle and if there was the reason to believe that the
driver of the vehicle was under the influence of alcohol. This requires an
understanding of the sobriety tests, familiarity with the preliminary results
of the breathing test and understanding when these tests are admissible in
court. A competent criminal defense lawyer must also make sure that the officer
tube causes probable arrest, the officer strictly complied with the protocol of
reading the Consent Advisory Minnesota, and that the officer respects the right of the detainee to obtain
legal advice.
Tests
A Criminal Defense Attorney must examine
any evidence that was submitted to the individual. This analysis begins with
the type of test offered. There are three types of tests: blood test, breath
test and urine test. The chemical testing procedure can be a difficult process
to understand, especially if the individual is not a native English speaker.
If a
detainer refuses to be tested or is otherwise unable to give consent, and a
test was administered anyway, the circumstances surrounding this test must be
carefully examined. Failure to comply with the law may result in the deletion
of test results. An Immigration Post-Conviction Lawyer will be
able to analyze and explain the different exceptions to the requirement of the
court order and determine if any of the exceptions were present in your case.
Charges
and Release Conditions
There are
4 different levels of DWI: 1st - 4th grade. A defense attorney must educate his
clients regarding the different levels, the mandatory consequences and the
maximum consequences of each level, and the justification of the charge. If the
client is arrested and taken to jail by a DWI, the bail must be established
according to the minimum statutes for the different levels. To facilitate bail
payment, criminal defense attorneys often work with families, bail bondsmen and
supervisory companies to ensure the release of their client. Criminal defense
attorneys must carefully explain the conditions of release to their clients.
Civil
sanctions
Clients
must also be informed about the civil consequences of a driver's license.
Criminal penalties for a DWI can be severe; however, when this is combined with
the revocation of a driver's license, the seizure of the license plate or the
seizure of a vehicle can be devastating. Deadlines, the filing of charges and service requirements must be met
rigorously.
If you are
in search of criminal defense attorney or need an Immigration Post-Conviction
Lawyer, look no further than https://www.minkuscriminallaw.com.
We have the required expertise to steer you through successfully.