Posts Tagged ‘DWI Case’

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 »DWI Attorney DWI Case DWI Lawyer West Virginia

DWI Charges in California – Penalties and Punishments

Posted on Feb 12, 2010

A California DWI charge can destroy your life. If you have been arrested for DWI, you need to have a proper understanding of the California criminal court system or you may not be able to protect your driving license. One of the best things you can do is hire an experienced California DWI attorney.

Two Separate Cases

A California DWI arrest leads to two separate cases, one at the Department of Motor Vehicles and another in court. Both these cases are quite serious, especially the one at the Department of Motor Vehicles as it is very deadline oriented. If you are accused of drunk driving in California, you have just ten days from the date of your DWI arrest to request a Department of Motor Vehicles hearing. Your driving license is going to be suspended automatically if you do not request a hearing within ten days of your arrest.

The criminal case filed against you consists of two different statutes. The first one is the California Vehicle Code Section 23152 (a), proof of whether you were under the influence of enough alcohol to affect your driving skills. The second one is the Vehicle Code Section 23152 (b) where all the focus is on setting punishments and penalties.

Penalties and Punishments

Any penalties and punishment given by the California court in a DWI case are different from the repercussions possible at the Department of Motor Vehicles. Each time you are caught DWI, you risk having your license suspended for a longer period of time. The first offense means a suspension of four months; the second offense means a suspension of one year and the third offense for two years or more.

Even those who are licensed in other states and are arrested for DWI in the state of California can request a Department of Motor Vehicles hearing to protect their driving license. California is one of 45 states that are actively involved in the Interstate Driver’s License Compact. According to Interstate Driver’s License Compact, states can share details about DWI convictions and driver’s license actions with each other.

Felony DWI Charges

A number of drivers face felony DWI charges after being arrested for drunk driving in California. If you have three prior drunk driving convictions within the last five to six years, you will be charged with a felony after being arrested for the fourth time. Felony charges are also applicable to those individuals that cause injury to another individual regardless of whether it is your first offense or another. A DWI with an injury is commonly known as a wobbler offense in California.

According to California DWI laws, there is a washout period of ten years. This washout period is calculated from your first arrest date to your last arrest date. The penalties in California court for a second or third drunk driving conviction are much stricter in comparison to a first offense.

DWI Laws3 Comments »California DWI Laws DWI Case DWI Penalties

DWI Attorney in Ohio

Posted on Jan 27, 2010

When you are involved in a DWI, you need to act fast as it is considered a serious offense and can lead to significant consequences if not handled carefully. You will have to face charges like jail time, loss of driving privilege as well as monetary fines. You need to understand the challenges you will face when you are in such a problem. It is better that you seek the help of legal advice of an experienced DWI attorney in Ohio who will help you in understanding your rights and options.

According to the Ohio law, once you are arrested for DWI, the state will initiate two legal actions simultaneously. The first one is the Criminal Action given in response to the ticket issued to you. The second one is the Administrative Action initiated against your license by the Ohio Bureau Motor Vehicles. Both the actions lead to the suspension of your driving license. You will also face various kinds of additional penalties and each action must be taken care of separately.

With respect to penalties you will face various kinds of legal and financial problems. When your license gets automatically suspended, you have the right to challenge the suspension through an Administrative License Suspension. Even the first offense will lead to you facing jail time for a minimum of three days. Along with these, you will have to pay very high fine and an increase in the premium of the auto insurance. It will also spoil your record for future employment.

How a DWI attorney in Ohio can help?

After being arrested for DWI, you have only 30 days to hire an attorney and request an Administrative Hearing from the Bureau Motor Vehicles. This will help you avoiding DWI conviction. In case you fail to do so within 30 days, you will lose your right along with your license which will be suspended automatically for a particular period of time. Your right to an Administrative Hearing is possible only if you submit your request to the Bureau Motor Vehicles within 30 days.

The penalties for a DWI can have long lasting impact on you and your family. It not only leaves you with a criminal record which can affect your ability to get professional license, better job prospects, ability to get loans or any other opportunities. The effects of your DWI will be more severe if you are a repeat offender. Thus, your attorney can help you to aggressively protect your rights and interests. He will help in challenging the evidence in your DWI case like challenging the authenticity of the breathalyzer and blood tests.

With the help of a DWI attorney in Ohio your penalties with be either reduced or completely removed. You can seek free consultation from him to get necessary details on what is likely to happen as part of the prosecution for the DWI in Ohio as well as on the effect on your license to operate your vehicle. You need to be aware that when you are charged with a DWI in Ohio, there will be automatic revocation of your driving license. In case you refuse to take a chemical testing after your arrest, your driving license will be suspended.

While handling a DWI case, an Ohio defense attorney analyzes the scientific as well as medical aspects of the case. He also should be able to put forth questions to varied kinds of witnesses like the scientists as well as police officers. As he has in-depth knowledge about the blood alcohol analysis, he can effectively handle criminal and administrative proceedings.

DWI LawsNo Comments »DWI Attorney DWI Case DWI Lawyer Ohio