DUI/DWAI

When you find yourself faced with a charge for Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI), it is vital that you consult an attorney as early as possible. This is because, in many DUI cases, the Department of Motor Vehicles (DMV) will revoke your license 7 days after you are given a DUI Summons. If you received an "Express Consent Affidavit and Notice of Revocation" form, your license will be revoked unless you request a hearing within the 7 days. For instructions, go the the DMV website. If you do not request this hearing in writing, you will forfeit your ability to have such a hearing. Cohen & Cohen recommends requesting this hearing even if you have not yet retained an attorney to ensure you preserve your best chance to save your license. Our attorneys represent our clients at the DMV as well as in court.

DWAI and some DUI cases do not result in the nearly immediate license revocation described above. DWAI is a lesser charge than DUI, but can still have an impact on your ability to retain your driver's license, depending on your previous driving history. DMV regulations are somewhat complex. Consult an attorney to determine what it will take to protect your license.

The obvious other consequence to DUI and DWAI charges is the possibility of criminal punishment. Those charged with DUI or DWAI will go through the court process and ultimately face a maximum of one year in jail for a DUI and up to 6 months for a DWAI and/or probation.

Due to heavy caseloads, those who appear at court without an attorney are often encouraged to plead guilty and may think it is wise to do so because they feel they have no chance of successfully challenging the charges. In fact there are many different grounds for challenging DUI and DWAI charges that might not be obvious before the case evidence is carefully read. For example, the test of your Blood or Breath Alcohol Content (BAC) may have been defective or done improperly, or there may not have been proper legal grounds to stop your vehicle in the first place. If you request it, most courts will usually allow you a brief continuance of your case in order to give you a chance to consult an attorney. Cohen & Cohen encourages people charged with any crime to tell the district attorney and the court they want the opportunity to speak with an attorney before pleading guilty. Cohen & Cohen offers a free consult to assess your case.

Cohen & Cohen, P.C. strongly encourages the use of designated drivers, taxis and other safe means of getting home if you feel you have had too much to drink. A DUI or DWAI charge can have serious consequences on your freedom, ability to drive and to maintain or obtain certain kinds of employment, but being charged with a DUI or DWAI does not have to ruin your life.

Our commitment to our clients is to make the process simpler and less stressful and to ensure the best outcome possible.