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Serious DWI Defense After A Drunk Driving Arrest

Driving while intoxicated is a misdemeanor offense, but the consequences are heavy. An arrest for drunk driving could mean jail, big fines and loss of driving privileges. The blemish on criminal background checks can cause problems for future employment or schooling.

I am Lyndsay DeMatteo, an experienced DWI defense lawyer in Sioux Falls. I can help you fight both the criminal charges and the license suspension to limit the impact on your life.

Driving While Intoxicated In South Dakota

It can happen to anyone. I have represented factory workers, soccer moms, college students and retirees who were pulled over on suspicion of drunk driving. I am not here to judge, I am here to help, no matter what the circumstances:

  • First offense DWI  – You will lose your license for at least 30 days.
  • Extreme intoxication – Additional penalties apply if your blood alcohol was .17 or more
  • Repeat offense – The penalties escalate, including jail time. A third DWI is a felony.
  • Underage DWI – If you are under 21, your license can be suspended for any alcohol in your system.
  • CDL drivers – Truck drivers can lose their livelihood at .04 blood alcohol.
  • Refusing the breath test – Under South Dakota’s implied consent law, your license will be automatically suspended for one year if you decline the breathalyzer.
  • DWI accidents – Prison time is on the table if someone was injured or killed.

Challenging Your DWI Arrest

I have won DWI cases at trial and gotten DWI charges dismissed by demonstrating that law enforcement did not follow procedure. Did they have reasonable cause for the traffic stop? Did they administer the field sobriety tests properly? Was the breathalyzer test properly calibrated and conducted? I examine every facet of your traffic stop and arrest and I am tough when cross-examining the officers in court.

If we can’t beat the DWI charges, I make every effort to mitigate the penalties. You may qualify for a work permit while your license is suspended. Depending on the circumstances, you may be subject to South Dakota’s 24/7 sobriety program, which requires you to blow into a breathalyzer device twice a day.

My Mindset Is To Fight A DWI

There is a time and place for plea agreements, but my approach is to challenge a DWI and make the government prove its case. I treat every client like it was my own family member.

I practice in Minnehaha County and surrounding South Dakota. Call me today at 605-607-5171 to arrange a free initial consultation or email me.