DWI: Know Your Rights in Court

by M.J. Collins on August 17, 2013

Being charged and arrested for a DWI is a very serious event. Driving While Intoxicated is seen as a felony, and punishment for this crime, if convicted can include large fines and incarceration. A conviction can also impact your job, cause distress to your family, and make things very difficult for you financially. If you have been arrested for DWI, it is important that you know your rights before you go to Court.

Your Rights During A DWI Case

• You have the right to legal representation. While many people believe that they can face the Court on DWI charge alone, which is also the accused persons right, you stand a much better chance for success if you seek an attorney that is experienced in this type of event, like a New Jersey DWI lawyer.
• You have the right to question the evidence being used against you. Many experienced DWI attorneys have access to relevant case and law information that support the fact that roadside sobriety tests are often inaccurate. If your test was deemed inaccurate, it is most likely the State will not have a case against you.
• You have the right to present evidence in your favor. Perhaps there were circumstances that made it appear that you were intoxicated when you were not. There are several cases in which a driver who may have been tired, but was not drinking was acquitted even when his breathalyzer test tested positive. It was discovered that the defendant suffered from Acid Reflux Disease. This disorder can cause you to test positive on a breathalyzer, even if you have not consumed any alcohol.

Sine DWI laws are managed by each state independently; you may have other rights under the laws of your state that are not listed here. This is why it is so important to seek legal representation of a DWI attorney before you appear in Court.

Ramifications Of Being Convicted

If you are convicted of DWI, you can expect the following:

• Large fines imposed by the Court. In some states, you may also be required to pay fines/make donations to specific organizations that are designed to fight this offense.
• Surge in your car insurance premiums. You will now be considered a high risk driver.
• License revoked for a specific period of time.
• Potential to have an ignition interlocking device installed on your car when you get your license back.
• Community service.
• Incarceration.

You can also expect to have problems at work and with your family. There will be many issues that you must “make good again” if you are convicted of this type of offense.

Hire An Attorney And Listen To Their Advice

While it has already been emphasized on how important it is to hire an attorney for this type of situation, it has not been stressed enough on why you should truly listen to what they say. A large problem that has been occurring for DWI defense cases is that social media contradicts what they are trying to defend in Court.

What this means is that the attorney enters the Court pleading innocence of the charge on your behalf, and the prosecutor pulls up your social media page where you made a post stating that you were arrested for driving under the influence and you were so drunk at the time you did not know how to even stand up straight. The prosecution is looking at your social media page for anything they can use to their advantage.

Knowing your rights and what to expect in court when convicted of a DWI is very important. Unfortunately, judges do not have sympathy for ignorance or naivete. The above information will help you better prepare yourself and make a better appearance in court.


M.J. Collins understands that being convicted of a crime like this can be nerve-racking, especially when you have no clue as to your rights in court. Hiring a lawyer in your area, such as a New Jersey DWI lawyer for New Jersey residents, is a definite plus in this type of case and one you will absolutely want to take advantage of.


M.J. Collins

M.J. Collins

M.J. Collins

Latest posts by M.J. Collins (see all)

Previous post:

Next post: