Archive for March, 2010

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My West Virginia DWI Attorney Got My Charges Dropped!

Posted on Mar 31, 2010

The DWI laws of West Virginia are similar other states and when arrested for suspected DWI you will be charged with two separate cases. These cases are criminal court case where you will face penalties like jail, fines, educational programs, an ignition interlock fixed to your vehicle if needed and suspension of your driving license and a Division of Motor Vehicles case where you will lose your driving privilege.

If you want to save your license after an arrest for West Virginia DWI, you need to contact a qualified West Virginia DWI defense attorney. When arrested for DWI in West Virginia, according to the implied consent law, you will have to submit to blood or breathalyzer test for alcohol content. If you refuse to take the test after an arrest, the DMV administrative action will ensure that your driving privilege will be suspended for one year to life. West Virginia does not criminalize the refusal to test following a West Virginia DWI arrest but there is no work permit available following a DMV action in West Virginia.

According to West Virginia drinking and driving law, there is a look-back period of 10 years which indicates that if you have a DWI conviction more than 10 years before the current case, the current DWI will be prosecuted and considered as a first offense. If there is a DWI conviction within 10 years of the current case, it will be prosecuted as a second-offense DWI, leading to much more punishment for conviction of a DWI than the first offense. It does not matter if it was 9 years and 364 days, the second offense will still stick.

A West Virginia DWI Attorney can really help you

In a case of DWI, a good DWI Defense Attorney can make all the difference in the result of your case. You need to ensure that you have hired a capable DWI lawyer by checking their credentials. They should be specialized in solving DWI cases and you can find out their details by interviewing them. Most offer a free initial consultation before you decide to hire them.

If you have been involved in a prior DWI conviction in West Virginia, the extent of penalties will be even more than the first time. You should be extra cautious when trying to navigate the courts or speak to a prosecutor without the advice of an experienced attorney. DWI laws are quite complicated and involve many codes and statutes. It is advisable to hire a skilled DWI attorney who can help you get out of the mess with a lesser or no penalty.

A good West Virginia DWI Attorney will help you in the following areas:

  • Give an honest evaluation of the case and the likelihood of your being spared the penalties you might have to face as a consequence of the DWI
  • Help you understand the strengths and weaknesses in the case and explain the consequences
  • Give an indication of the amount you will have to spend as part of the case which will includes fees and the projected expenses, fines and any incidental costs so you are aware of how much money to be keep aside
  • Spend adequate time listening to your case
  • Be able to offer guidance on the ways your case needs to evaluated based on scientific as well as medical facts

DWI Attorney, DWI Laws1 Comment »



Oregon DWI Attorney

Posted on Mar 29, 2010

Have you been in a DWI in Oregon? You are in for some serious trouble which will affect not only your present but your future as well. You need to be aware of your rights and be able to use them whenever there is a need for them to avoid getting in more serious trouble. The first step you need to take when involved in a DWI in Oregon is to call an experienced and qualified DWI attorney in Oregon for valuable inputs and knowledgeable advice. He can defend your rights of driving privilege. If you have a capable Oregon DWI Defense attorney defending your case, it can make a tremendous difference to the outcome of the case. It is because he is familiar with the court proceedings in Oregon. He is also capable of questioning the key witnesses ranging from scientists to police officers.

DWI Detection device in Oregon

The most common device in use in Oregon for detection of DWI is the Intoxilizer 5000 and state law requires only a single blow into the machine to charge you with a DWI. Apart from this, the Implied Consent law in Oregon ensures that the suspensions of license is for a minimum of 90 days or longer The Oregon courts also supports the usage of Horizontal Gaze Nystagmus and Drug Recognition Evaluators as scientific evidence.

First DWI Conviction in Oregon

As the punishments in Oregon for DWI are mandated even for first conviction like jail, a fine of at least $1,000, suspension of driving privileges for at least one year, and extensive alcohol education classes and probation, it becomes even more critical that your hire an attorney who understands the various aspects of DWI laws of Oregon. For repeat offenses, the penalties are even more severe and are classified as felonies when repeated often. Every DWI in Oregon is considered a crime and involves a possible jail sentence of at least one year. Every defendant charged with DWI is entitled to a jury trial. The legal standard of BAC for a DWI in Oregon is 0.08% BAC or other evidence of “impairment to a perceptible degree.”

How can an Oregon DWI Attorney help?

In Oregon, according to the Oregon DWI law, you need not be drunk to be convicted of Oregon drunk driving you can be convicted even if you are merely affected to some noticeable amount. You will have to take a field sobriety test when stopped for suspected DWI. If you are found guilty, you will be arrested and the prosecutor will rely on the testimony of the police officers involved your DWI arrest which was based on your driving pattern, physical appearance and the way you walked and spoke. If you hire a DWI attorney, he will analyze and evaluate the case in detail and challenge these DWI tests. He will help in requesting for an administrative appeal. He can even question the witnesses, scientists and police officers.


The Oregon DWI lawyers will also help in license revocations so you can drive your vehicle without any restriction. Usually the license revocation is for a minimum period of 1 year if you have not been convicted for DWI earlier. However, if you have had a DWI conviction within 20 years, it will result in 5 years of license revocation.

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10 Common Drinking Myths

Posted on Mar 26, 2010

Everybody thinks they’re pros when it comes to drinking. When the drinking begins they start running off at the mouth about drunk driving facts, telling terrible tales, going on about how to avoid high blood alcohol content, how to beat the breathalyzer and the field sobriety tests. There are so many myths, stories and yarns about drinking that it would be impossible to list them all, but we hear them every time a drink is poured. Does it make you mad? Next time you hear these 10 Common Drinking Myths, get ready to ignore them:

1. Coffee will sober you up.

Coffee does not sober you up. Time sobers you up. Alcohol will leave your body at a rate of about .015 percent of blood alcohol content (BAC) per hour. This is the thing that will sober you up.

2. You should admire people who can “hold their liquor.”

You should admire people who can hold their liquor

People who can drink a lot without getting drunk may have developed a tolerance for alcohol which may be a sign of dependency.

3. Being drunk and alcoholism are synonymous

. Lots of people who are not alcoholics get drunk sometimes. But if they do not have an addiction, they are not alcoholics. Intoxication is not a good thing and should be avoided. It is better to either not drink or to drink lightly.

4. Drinking is the cause of alcoholism

Drinking is the cause of alcoholism

If alcohol was the cause of alcoholism, anyone who took a drink would be an alcoholic. Some say that you are born an alcoholic and this trait will manifest its self in some other behavior, even if you never drink.

5. There is a worm in tequila bottles

There is a worm in tequila bottles

There is no worm in bottles of tequila. The drink is made from a type of plant. It’s not really a worm in the bottle, it’s a butterfly caterpillar. Some people swallow the caterpillar when they finish the bottle. Don’t worry your stomach acid will dissolve the caterpillar and you will not belch a butterfly.

6. Drinking Old English 800 makes your breath stank

Drinking Old English 800 makes your breath stank

If your breath stinks, it’s not the malt liquor. It’s your lack of oral hygiene that causes your breath to stink. Try a breath mint every now and then and mix in some floss if you are averse to toothbrushes.

7. Women look better when you are drunk

Women look better when you are drunk

This is a popular myth. It is not the woman that is looking better; it’s your judgment that is impaired and your standards that are lowered by the end of the night. It is also a sign that you should not be behind the wheel because by morning you will get a rude awakening one way or another!

8. I drive better after a few drinks

I drive better after a few drinks

You may feel like you are driving like Jeff Gordon and you may make it home most of the time, but the reality here is just as in number seven above. It is your perception that is impaired. You may think you are driving like a NASCAR champ but remember you drive between the lines not down the middle.

9. There is a way to beat the breathalyzer test

There is a way to beat the breathalyzer test

To date, no one has discovered way to beat the breathalyzer test. If you get pulled over and blow above the legal limit, you’re going to jail you will not pass go or collect two hundred dollars. And that is if you are lucky! You could end up with your car wrapped around a telephone pole or kill some innocent family.

10. If you are drunk and there is an accident the drunk driver is usually not hurt

Drunk driver is usually not hurt

Come on! Put it this way: someone reading this article will be dead because of drunk driving by the end of the year, statics prove this. It doesn’t matter whether you are the drunk driver or the passenger, everyone suffers! So seriously, don’t get behind the wheel after drinking.

Alcohol4 Comments »



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