KILLHAM LAW

Will I Be Able To Drive After Getting Out Of Jail On DWI Charges?


Sometimes the arresting agency will take your driver’s license and begin an administration per se suspension with the motor vehicle department based on the belief that the person’s blood alcohol level was above a .08%. If the officers state you refused to take or successfully submit to a blood or breath test, then your license is taken. If you have an out of state driver’s license, the officers will give you a limited permit. At this point, you will have 15 days to request a hearing with motor vehicle regarding the administrative suspension.

Will I Have A Criminal Court Appearance In The First Month After A DWI Arrest?

Depending on which jurisdiction where you were arrested, and if it is a misdemeanor or felony, you may have a court date within 30 days of the arrest. It also depends if your blood was taken or you submitted to a breath test. Justice Courts typically take much longer than City Courts to process cases.

How Often Should I Expect To Meet With My Attorney To Discus My Case In The First Month?

During the beginning of your court case after you have hired an attorney, you may want to meet with your attorney to discuss any issues with the arrest, if any. Usually, it takes at least 30 days to obtain the police report and breath test results from the Prosecutor. If blood was taken, it can take from 8 weeks all the way up to 9 months to obtain the results, depending on the jurisdiction.

Will I Have To Meet With A Pre-Trial Probation Office In The First 30 Days?

If you were booked into jail and the Judge ordered as a term of your release, that you must report to pre-trial probation, you will be required to make an appointment to go to that office as soon as you are released from jail.

Should I Voluntarily Start Counseling Prior To Trial? Will It Help My DWI Case?

Once again, it depends on the facts of your case and the jurisdiction or court. Sometimes it is very helpful to start counseling prior to your court date. Normally, the first court date is an arraignment and if you have hired an attorney, the attorney will enter a not guilty plea on your behalf and the case will be set for a pre-trial conference. The pre-trial conference can be as soon as 10 days after the arraignment or 30 days after the arraignment. Participating in counseling will not hurt your case.

What Advice Would You Give To Someone Who Has Been Arrested On DWI Charges?

The days and weeks following an arrest for a DUI can be very stressful. It is imperative to at least meet with a qualified DUI attorney to assist in your legal representation. It will give you peace of mind knowing that a qualified legal professional is handling your criminal matter.

How Can I Discover Where A Friend Or Family Member Has Been Taken After A DWI Arrest?

You must first determine who the arresting agency is and call that agency in order to find out where he or she was taken.

Should I Call An Attorney Immediately After Being Arrested For A DWI?

It could prove very helpful to contact an attorney immediately after a family member’s arrest, depending on the situation. An attorney may be able to assist the family member in getting out of jail sooner rather than later.

Can I Change My Attorney During A DWI Case If I Am Not Satisfied With Their Services?

Many times an attorney can be hired for the limited purpose of assisting the family member in getting out of jail. Even if the family member has hired an attorney and the family member wants to hire a different attorney, he or she is free to do so.

For more information on Driving Privileges After A DWI Arrest, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (623) 428-8203 today.

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