What to do if I have been charged with 1st offense DWI?

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What to do if I have been charged with 1st offense DWI?

I am 43 year old. I have never in any kind of legal problem before. I’m in a mentally abusive marriage. The night of my arrest, I had talked to the arresting police officer on the phone because of domestic dispute. I told the officer that I was OK but I was obviously distraught and crying. After call domestic dispute escalated. I told my husband to leave. He wouldn’t. I just wanted to get away from the situation. As soon as I walked out the door. My husband called police and reported me drinking and driving. When police arrived at my home, I was sitting in vehicle with the motor running to defrost my windshield. Why wouldn’t the police do a wellness check on me at this point instead of waiting for me to drive?

Asked on January 2, 2013 under Criminal Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the circumstances that you have written about the police office had probable cause to believe that you were driving a motor vehicle under the influence of alcohol and/or a controlled substance. Given what you have written about, I suggest that you consult with a private criminal defense attorney or a public defender to assist you in getting the matter resolved.


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