Posts Tagged ‘DWI conviction’

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How to Prevent Drunk Driving in Working Professionals?

Posted on Jan 11, 2012

DUI has been a continuing problem not just across the country but all around the globe. Many of those arrested for DUI are working professionals. An assortment of associations and advocacy groups has put together a diverse method of programs, legislations, and plans but none have been able to figure out how to prevent drunk driving in working professionals.

Working Professionals and DUI

The problem seems to be going on and on. It appears that every time you look at a news broadcast, there is an account of a working professional that has caused a drunk driving accident. This dilemma has almost become intolerable in the general public. A few ideas that have been discussed around the nation to overcome this DUI problem include:

Increased Legislation to Prevent DWI in Working Professionals

In some states there is a successfully implemented legislation which bans open containers in municipal areas; this ban includes open containers in vehicles as well. Even if this kind of legislation is effective in these states is has not been proven, however empirical evidence seems to suggest it works.

Special Identification for Repeat Offenders

Another idea that has been suggested in some circles is specially designated license plates for those who have been convicted of drunk driving. There can also be an indicator on their driver’s license signifying their DWI convictions.

Restrictions of DWI Offenders Driving Privileges

There is also the idea of restricting nighttime driving of offenders and for those with multiple conviction of DWI. Electronic devices can be used to keeping an eye on those who repeatedly drive while drunk. Ankle bracelets can also be installed with breath analyzing devices that disable the cars of repeat offenders if that have elevated blood alcohol levels.

DWI Education and Instruction

Many have suggested that the government should provide extra instruction in schools and universities along with additional information concerning alcohol abuse and drunk driving to those applying for drivers licenses. Government entities can also use the money for DUI fines to increase the amount of public service announcements on television and radio.

Constant Reminders Are Needed

A little more education, awareness, and harsher consequences would probably be the best mixture to prevent drunk driving in working professionals. Furthermore, producing a sense of social unacceptability could further reduce drunk driving incidents in the future. Constant reminders of the hazards of drinking and driving drive home the point much more effectively than one-time seasonal ads and newspaper articles.

DWI Felony in Arkansas

Posted on Mar 17, 2011

In Arkansas, DWI is considered to be a serious offense and if you are involved in either the first time or subsequent times, you will face severe consequences. Though the first offense has certain amount of penalties attached to it, the subsequent ones can be considered as a felony.

Reasons for DWI felony in Arkansas

Arkansas DWI laws state that if you are under the influence of alcohol while driving and your BAC is 0.08% or more, then you can be arrested for an Arkansas DWI charge and your driver’s license will be surrendered to the arresting officer according to the Arkansas code 5-65-104. If you are a minor under 21 years and if your BAC is 0.02% or greater then also you will be charged with DWI. If this Arkansas DWI offense occurs within 10 years of a previous offense then it is considered as a subsequent offense. After an arrest, you must immediately request for an Arkansas DMV hearing if you want to save your driving privileges. In you are unable to do so within seven days from the date of the arrest, your driver’s license will be revoked.

While in the first offense, you will be charged with a misdemeanor resulting in a jail time with a fine of $150 to $1000 along with court charges of about $300, the second and the third offense will result in more number of penalties and their severity also increases considerably. This can result in more than one year of jail with fine ranging from $3,000 to about $5,000.

A DWI in Arkansas for the fourth time or subsequent ones is considered to be a felony in Arkansas which can result in about ten years in the state penitentiary or about two years of community. The court can also require you to use an ignition interlock, which needs to be attached to your vehicle and you need to pass a breath test every time you start your car. This is mandatory if your BAC level is over 0.18%.

Penalties for Arkansas DWI Offenses:

In a criminal court of law, first and second offenses in Arkansas are considered to be misdemeanor. However, third and subsequent offenses are considered to be felony and the penalties include:

Arkansas DWI 3rd Offense:

90 days to 1 year of jail time, or at least 90 days of community service
Fines between $900 up to $5,000
Suspension of driver license for at least 30 months, no restricted license for at least one year
Charged with a Class D FELONY

Subsequent Offenses is definitely a felony in Arkansas resulting in

1 to 6 years in a state penitentiary or no less than a full year of community service for a fourth offense, and two years up to 10 years for a fifth offense
Fines up to $5000
Revocation of driver license for at least four years

Therefore, you will face severe consequences if you commit DWI offense frequently. This will not only affect your driving record and also the future of you and your family members.

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DWI Felony in California

Posted on Mar 14, 2011

If you are charged with DWI in California for the fourth time in ten years, then according to the DWI laws of California you will be charged with a DWI felony. However, if your DWI has led to the death or severe injury even in the first offense, it will be still considered as a felony.

Felony DWI Charge in California

A felony DWI is considered to be extremely serious and can affect your life tremendously. Though, in California every DWI is not considered to be felony, repeated DWI charges can lead to a felony. However, if you have been convicted for the first, second or third time and there are no aggravating factors, then your DWI will be considered a misdemeanor. A DWI will be considered a felony in California under conditions like:

Has led to one or more injuries or deaths
Three or more DWI convictions within the past 10 years
At least one DUI felony conviction

Penalties for a DWI felony in California

While DWI in California results in a misdemeanor changes, you can be charged with felony depending on the crime committed. Penalties for a felony charge are much severe as compared to misdemeanor. A felony will result in longer duration of jail time in the California prison system.

Under California Vehicle Code Section 23153, if you are driving a motor and your BAC is 0.08% or greater and has caused bodily injury, you can be convicted of a felony DWI charge. In case of first offense, the penalties will include imprisonment in the county jail for 180 days to 1 year for a misdemeanor, and imprisonment in the state prison for 16 months or 2 or 3 years for a felony, and a fine of $390 to $1000. Apart from this, you will have to face a 3-5 year probation sentence and you might also have to attend some alcohol treatment/counseling programs.

If you have had earlier DWI charges and it is your third DWI/Wet Reckless offense, you will be charged with a DWI Felony pursuant to California Vehicle Code Section 23152. This will result in imprisonment in the county jail for 180 days to 1 year for a misdemeanor, or in the state prison for 16 months or 2 or 3 years for a felony with a fine of $390 to $1000. It will also lead to a 3-5 year probation sentence along with alcohol treatment/counseling programs.

Arrest and court procedures for a DWI felony

When you are arrested for DWI, the police officer will provide you with the Miranda rights. If it is a California felony DWI case, then you will have to surrender your driver license but you can still continue to drive the vehicle for 30 days pending a review by the Department of Motor Vehicles (DMV). But if you refuse to submit to a chemical test to analyze your BAC at the time of the arrest, then it will result in 1-3 year license suspension.

California has strict rules for DWI and can lead to felony which can affect not only your driving record but also your life. You should therefore, avoid drunk driving and save yourself from such severe charges.

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