Choosing To Remain Positive

Will The Judge Be Lenient With My First-Time OWI Offense?

If you were driving under the influence of alcohol and you are now being charged with an OWI, you might feel like there is no way to beat your charges. If the amount of evidence against you is overwhelming, you may not be able to beat your charges. However, an OWI lawyer might successfully argue for leniency if you are a first-time offender.

Be Respectful During Your First Arrest

During your first arrest, you will want to be respectful toward the officer and the arresting officer will be more likely to be lenient. You will need to provide your license, registration, and insurance. You may also need to submit to a field sobriety test to avoid having your license automatically suspended.

Some States are Lenient

With regards to OWI cases, the amount of leniency you can expect to receive depends on what state you were in at the time of the OWI stop, how high your BAC was above the legal limit, the circumstances surrounding the traffic stop, and the consequences of your OWI.

For example, if you receive an OWI after a car accident, you may face harsher penalties than if you received an OWI while you were heading to a parking lot to sober up. Factors that are especially likely to lead to less leniency include:

  • Property damage
  • Traffic violations
  • Injuries
  • Fatalities

Therefore, the facts of your case will determine how serious your OWI charges will be and whether you receive a misdemeanor or a felony. An OWI lawyer will dispute facts that may not be true or that there is not enough evidence to support. For example, if there is no evidence that you committed a particular traffic violation, you may be given more leniency with your OWI.

An OWI Lawyer Can Help with Pre-Filing Work

One of the best outcomes is if your OWI lawyer does "pre-filing" work. This can lead to the prosecutor bringing lesser charges against you. You might be given the option to attend drug court rather than attending regular court. With drug court, you will enter into an alcohol treatment program that will be heavily scrutinized by the court.

A Lack of Prior Convictions Can Help You

If you're a first-time offender, the fact that you have never had an OWI before will help your case in many circumstances. Your OWI lawyer will argue that your OWI was a one-time mistake and that you will not continue to be a danger on the road.

To learn more, contact an OWI lawyer or law office like Cohen Law Offices, LLC.