Posts Tagged ‘BAC’

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How a DWI Conviction Affects your Car Insurance

Posted on May 31, 2012

If you are involved in a DWI conviction, your car insurance rates are likely to increase multifold before you can drive again. Automobile insurance rates will increase by at least three percent. You will also have to consider the SR22 insurance.

SR22 Insurance Laws

If you are convicted for a DWI, you will be given an SR22 insurance policy which is considered to be a high-risk auto insurance policy. This policy is offered as a guarantee by insurance companies so that you are able to pay the basic mandatory liability insurance for a specific period. SR22 insurance will be offered to you for a period of 3 years after you are convicted for drunk driving. You should however conduct adequate research to get a good deal from insurance providers so that you do not end up paying very high interest rates.

The consequences of drunk driving are different in different states; however in all the states, if you are convicted for a DWI offense, your driving privileges will be suspended for about 30 days to a year, even if it is your first offense. To get your driving license and privileges back, you need to fill an SR22 form provided by the licensing agency. This will prove that you have motor vehicle liability insurance. According to SR-22 laws, the insurance company needs to inform the licensing agency, which is usually Department of Motor Vehicles, if the policy is canceled, terminated or lapsed.

DWI Conviction and Car Insurance

If you approach a car insurance agency to get an SR-22 form, you are considered to be a `high-risk’ car owner and driver because of which your insurance premium increases multifold. Depending on the state where you apply for car insurance your insurance rates will increase for at least three years if it is your first offense. The duration increases with subsequent DWI convictions.

Penalties are more severe for special cases like when:

  • Someone is injured,
  • A child is in the vehicle,
  • Your BAC is very high and exceeds the legal limit,
  • You are an underage driver.

In about 50 states, a BAC of .08 is considered to be the legal limit and if you have higher BAC, then you will be convicted. In about 40 states, penalties for a DUI conviction are doubled if you are tested to have very high BAC level (about.15 or .20).

In order to reinstate your driving license when your suspension is over, you should show that you have a car insurance policy. In most states, an SR22 proof of insurance form can verify that you are legally insured. To reinstate your license you should take the following steps with the insurance company:

  • Understand how your DWI can affect your insurance
  • Have a DWI car insurance plan
  • Fill an SR22 insurance form verifying you are insured
  • Submit the SR22 insurance form to your DMV

As they say, prevention is better than cure; to avoid increase in insurance premiums due to DWI conviction, simply avoid driving after you’ve had a couple of drinks.

Blood Alcohol Content, Car Insurance, DWINo Comments »



What are DWI Charges for Minors?

Posted on May 23, 2012

If a minor (under 21 years of age) operates a vehicle with a BAC above the legal limit it is considered as a DWI offense which is a Class C misdemeanor. There are separate DWI laws for minors driving under the influence of alcohol. While most offenses by minors are treated lightly or mildly, DWI offense is very strict and can lead to severe penalties.

Underage DWI Charges

Underage drinking is a serious offense and if a person is convicted, it can lead to severe consequences like suspension of driving license, fine and imprisonment. Minors can get convicted for DWI offenses if they were arrested operating a vehicle with BAC of 0.02 or more.

According to the DWI laws, if you are arrested for drunk driving, you should allow the police officers to administer Field Sobriety Tests to analyze your situation. If you refuse to do so, then you will have to face consequences such as suspension of your driving license. The duration of the suspension depends on the frequency of the offense. Penalties are lesser if it is your first DWI offense, however they can increase with repeated offenses.

Consequences of a DWI Charge for Minors

If your BAC level is above the legal limit, your driving license will be suspended immediately for a minimum of 60 days. However, if it is around the legal limit, then the driving privilege can be suspended. You can be charged for a DWI even if you have had substance abuse. Moreover, if it is a repeat DWI like a second or third DWI offense, you can face imprisonment of 180 days. You can also be sent for rehabilitation if repeat offense.

If it is your first time DWI minor offense, then your parents need to be present in the hearings. You will have to pay a fine and attend community service anywhere between 20 and 40 hours to spread awareness about prevention of alcohol abuse. You also need to attend alcohol awareness programs. If you fail to do so your license will be suspended for another 6 months. However, if it is your only one conviction then your crime will be removed from the police record after your 21st birthday.

For the second DWI offense, penalties are similar, however, the community service hours will increase accordingly and can be anywhere between 40 and 60 hours. Moreover, your name cannot be removed from the police records and you will be considered as a minor DWI offender. However, DWI laws are very strict for the third time and you will have to pay a fine of up to $2000 with jail time up to 180 days. Depending on the severity of the crime, you may get both fine and jail time along with community service and negative police record that cannot be removed for the rest of your life. You would also not be able to receive any deferred adjudication.

Were you convicted of a DWI charge while you were a minor? What were the consequences that you had to face? Do share your story with us in the comments section below.

Blood Alcohol Content, DWI, DWI Laws, Underage DrinkingNo Comments »



What is a DWI Charge?

Posted on Mar 21, 2012

DWI or ‘driving while intoxicated’ is an offense where a person is arrested and convicted for operating a vehicle while under the influence of alcohol. This influence can be evaluated by the BAC or blood alcohol content and by observing subsequent physical and mental impairments which can hamper driving.

DWI Charges

There are usually two types of DWI charges. One type is `per se’ which is based on the observation of the law enforcement officers during the field sobriety test or is evaluated by a breathalyzer test. In the US, the legal limit of BAC is 0.08 percent, more than this leads to a DWI offense and a DWI conviction.

DWI laws depend on the state in which you are living. Each state has its own way of administering field sobriety tests, specific legal limits to BAC for adult, underage and commercial vehicle operators.

Consequences of a DWI Offense

The consequences of a DWI offense are usually quite severe. They include various penalties like:

  • One year jail time,
  • Heavy fine,
  • Community service,
  • License suspension, and
  • Counseling.

The severity of the punishment increases with the frequency of the DWI charges. In states like New York, the first DWI offense is considered as a misdemeanor and will not affect the records of the driver. However, subsequent charges are considered as felonies and will appear on criminal records. A DWI conviction can also affect various other areas like employment, probation, promotions and subsequent offenses.

The penalty increases if you refuse to cooperate with the law enforcement officers and your charge is termed as an “aggravated” DWI charge. Refusal to take a breathalyzer test can also lead to aggravated DWI charge. If you have caused a fatal accident, then it will be considered as a felony.

If it is your first offense with test failure and your BAC is between .08 and 0.149, your driving privileges will be suspended for 30 days, with restricted driving to and from work and to school for 330 days. Second and third offense will lead to suspension of driving privileges for one year followed by one year of restriction of driving only a motor vehicle equipped with an ignition interlock device. The reinstatement fee is $200. The extent of DWI penalties will increase with the number of offenses committed.

Handling DWI Charges

A DWI charge is applicable to vehicles like cars, trunks or commercial vehicles. However, penalties are more severe for those who:

  • Operate commercial vehicles
  • Drive with minors in the car
  • Drive with a suspended or revoked license or
  • Drive with no license at all

Before you are convicted of DWI charges, the Department of Motor Vehicles will begin proceedings to suspend your license. This is different from the criminal charges brought by state prosecutors.

If your BAC was above the legal limit and you were arrested for drunk driving, you need to handle the DWI charges effectively as the penalties are very severe and can affect your life and the lives and safety of those around you.

Alcohol Abuse, Blood Alcohol Content, DWI, DWI cases, Drunk DrivingNo Comments »



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