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Can my child go to jail if charged with DWI in Illinois?

Posted on Feb 01, 2010

In Illinois, the minimum legal drinking age is 21 years. If you are under age 21 and convicted of DWI, the office of the Secretary of State will immediately revoke your driving privileges for a minimum of two years. If you are convicted for the second time, your license will be suspended for a minimum of five years or until you reach age 21, whichever is longer. Likewise, a third DWI conviction which is considered a Class 4 felony will result in a minimum ten year license revocation. A fourth DUI conviction will result in a lifetime revocation. Your license will also be suspended for conviction of illegal possession of alcohol.

When charged with a DWI in Illinois, the office of the Secretary of State will also issue a restricted license after one year. However, it will not be issued if you are under the age of 16 and will be applicable for one year. You will also have to pay a fine of up to $2,500 and given a jail sentence of up to one year along with participating in a Youthful Intoxicated Driver’s Visitation Program.


The first time offense, your child will not have jail time. However, they face 48 hours of jail if it is a second offense. This can be changed to community service for ten days. The third offense will not get any kind of lenience as it will be treated as felony with severe consequences. They will face jail time up to three years and fines as high as $25,000. It will take up to 10 years to get the driver’s license again. Fourth offenses will result in permanent revocation of the license.

Underage DWI

If your child is under 21 and are arrested for having traces of alcohol in their system while operating a motor vehicle, their driving privileges will be suspended for three months. If they refuse to submit to testing when stopped for DWI, their license will be immediately suspended for six months. The license will be suspended from the 46th day from the notice date and will not be terminated until the reinstatement fee is paid and your record is updated.


If your child is under 18, they need to complete a driver remedial education course to make the driving privileges valid again. They will have to go through a complete examination for the license to be re-issued.

Alternatives to Jail

There are many alternatives for jail time if your child is arrested and convicted for a DWI. You need to seek the help of a criminal defense attorney to properly determine the best alternative to choose for the specific case. Alternatives to jail include alcohol and drug rehabilitation and stopping drinking, electronic monitoring and not allowing the minor to go out for parties and other places where there are chances of getting alcohol or you can consider community service. Since it is not possible to serve the jail time for your child yourself (and really, how many parents would really do that?), it is better to opt for one of these alternatives to rehabilitate your child and avoid future DWI problems.

 
 

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Arkansas DWI Fine Increases

Posted on Jan 25, 2010

There is strict punishment in the Arkansas for people who are booked under DWI laws. Apart from the fine of $1,000, you also need to spend ten days in jail. You have seven days to challenge the suspension of your driving license. After being booked for DWI in the state of Arkansas, you will be given a temporary driving license which is valid for one month.

2009 Arkansas Criminal Law Modifications

The Arkansas Legislative assembly has come up with a number of amendments with regard to DWI laws. You need to have a proper understanding of these changes otherwise you may not be able to fight your DWI case during court. From July 1, 2009, there is an increase in the fine limits violations and misdemeanors. If you are booked for Class A, you will pay $2,500. For Class B, you will pay $1,000 and for Class C you will pay $500.


According to Act 341, there is an increase in the maximum fine for municipal ordinances violation from $500 to $1,000. In terms of driving license suspension, for the first DWI offense, your driving license can be suspended for a period of four months to six months. Act 922 states that your driving license can be suspended for a period of one year if it is your second or third DWI offense. Once this period is over, you need to install an interlock device in your vehicle.


Interlock Devices - On the basis of past record and the kind of DWI you are booked for, you need to install an interlock device in your vehicle. Interlock devices are governed by the Arkansas Department of Health. There are plenty of companies operating in the state of Arkansas that provide assistance in installing interlock devices, so there is no effect on your driving privileges.


Arkansas Commercial Vehicle License - In the state of Arkansas, there are increased driver’s license suspensions for individuals with a commercial vehicle license. If you refuse to undergo a chemical test, you are going to face huge financial penalties. If it is your first offense, you will not be able to operate a commercial motor vehicle for one year. For individuals booked under the Hazardous Materials Regulations Act, this suspension period can go up to three years. For a second offense, there is a strong possibility that you will be banned for life from operating a commercial vehicle.


Chemical Testing - When arrested in Arkansas for DWI, you need to offer a sample of urine, blood and breath for testing. If you refuse to give sample, your punishment will increase if you found guilty of the charges presented by the law enforcement official in the court proceeding. Your driving license will be suspended on the spot if you refuse to give your sample.

What to Do Next

When booked for DWI in Arkansas, make sure that you take the charge seriously. Hire an experienced DWI attorney that has comprehensive knowledge of Arkansas DWI laws.

 
 

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Can I get DWI Insurance After a 2nd DWI?

Posted on Jan 15, 2010

DWI is a serious problem due to the scores of deaths caused due to drunken driving. DWI is the only criminal offense for which postponed settlement cannot be received. DWI results in car accidents, injuries and death. To avoid this, the government has set various prevention methods like DWI courts, blacklisting driver licenses, seizing the registration plates, increasing penalties, rehabilitation programs for alcohol abuse, fines and open container bans.

A DWI conviction can also lead to jail, heavy fines and temporary or permanent revocation of the license. Apart from this, DWI can also affect getting or keeping a job as well as sourcing auto insurance. As getting insurance mandatory for owning a car, there is no particular law that regulates the premiums charged to DWI offenders.

Three Steps to DWI insurance incase you are convicted

There are three steps involved to get DWI insurance if you are convicted for DWI:

1. You need to research adequately and look for a good lawyer who has the necessary experience to fight the case. If fought effectively, the charges can be reduced and the period of license suspension can also be reduced. The insurance company can offer the insurance at reduced rates if the lawyers are successful in an appeal at a later date.

2. You need to improve your image with insurance companies.

3. You should get quotes from various carriers to get the necessary ‘proof of insurance’ (SR-22) form. This form is very important to get the drivers license reinstated.

Getting Car Insurance after Two DWI Charges

It is very difficult to get insurance after two DWIs and it can take several years. You need to follow the following guidelines acquire insurance after a 2nd DWI:

  • With a second time DWI, in all probability the license will be suspended. You need to opt for an insurance company that will provide insurance coverage even during the suspension.
  • You need to contact the insurance company to process their SR-22 form procedure. The premium under such circumstances will be very high as you will be considered a ‘high risk driver’.
  • After submission of the SR-22 form to the local DMV, the license will be still on hold and will be under probation for the next two or more years.
  • If you are not able to get an SR-22 form filed by any insurance company and your license is suspended, you can show to the insurance company your driving history (which needs to be without any negative aspects).
  • You need to contact the insurance company to process their SR-22 form procedure. The premium under such circumstances will be very high as you will be considered a ‘high risk driver’.
  • After submission of the SR-22 form to the local DMV, the license will be still on hold and will be under probation for the next two or more years.
  • If you are not able to get an SR-22 form filed by any insurance company and your license is suspended, you can show to the insurance company your driving history (which needs to be without any negative aspects).
  • With a 2nd DWI, you will not able to drive your car. Under such a situation, they need to apply for a personal ID card from the DMV as your driving license will be suspended and is the most important legitimate proof of ID.
  • After the 2nd DWI, it is very important that the drivers maintain a good driving history by staying away from alcohol while driving or driving any car with a suspended license. As you will not be allowed to drive, you need to look at the option of using public transportation.
 
 

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