DWI Arrest

Learn what you should know about your DWI charge in this article. Then, call our Rochester DWI attorney for a free consultation to get started on your case.

DWI Arrest: DWAI vs. DWI

The difference between a Driving While Intoxicated and a Driving While Ability Impaired conviction is that a Driving While Intoxicated conviction is a crime. It’s a misdemeanor. A Driving While Ability Impaired is a violation like a traffic ticket. A Driving While Ability Impaired conviction is not a predicate offense for a felony charge. The fees and the consequences of a Driving While Ability Impaired charge are less serious than a Driving While Intoxicated charge.

DWI Arrest: First Court Appearance for a DWI

The first time you go to court after a DWI arrest, you will be arraigned. The judge is required to suspend your driver’s license if there is a certification that shows that you took the breath test and the result is higher than a .08. In that instance, the court has the ability to issue you a hardship license. A hardship license is a temporary license that is going to allow you to drive to and from work or to and from school as long as you can show that you have no other means of transportation available to you. Typically 30 days after your license is suspended pending prosecution, you’ll be eligible to get a condition license from the DMV that will replace your hardship license and allow you to continue to drive at that point.

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DWI Arrest: Felony DWI vs. Misdemeanor DWI

If you’re charged with a second DWI within 10 years, that charge is likely going to be a felony. The consequences, the fines, and the results of that are going to be more significant and more severe than a Driving While Intoxicated as a misdemeanor.

If you need assistance following a DWI arrest, contact Rochester DWI Attorney Michael Schmitt today to schedule a free consultation.

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