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Posts Tagged ‘DWI Laws’« Older EntriesDWI Laws for Minors in Kansas: What Happens After the Hearing?Posted on Jun 24, 2010
Kansas DWI laws prohibit you from operating any vehicle within the state if you are a minor and are under the influence of alcohol. According to the DWI ‘per se’ law, you will be prosecuted for DWI if your BAC is of 0.02 or more. You can be charged under both the per se DUI provision as well as the operating the vehicle under the influence provision of the Kansas DWI statute. In the case of ‘per se’ DWI cases, the prosecution need not prove impairment during trial. If you are a juvenile above 14 years old but below 18 years old, you will be charged with a DWI and tried in an adult court instead of a juvenile court. If you are involved in a DWI, you will be sentenced for a period of ten days in a juvenile detention facility. The court will either revoke or suspend your driving privileges. If you are convicted, your sentence can increase up to one year. Your license might not be suspended; instead you might get restrictions on the driving privileges.  However, if you are a minor and are involved in a DWI in Kansas, it is unlawful. When arrested for suspected DWI, the enforcement officer will tell you take a breath or blood test. If your BAC is found to be 0.02 or more, you will not face any criminal penalties instead only your driving privileges can be suspended. If the BAC is between .02 and .08, then your license will be suspended for 30 days for the first offense and one year on any subsequent occurrence. If your BAC is at 0.08 or above, your license will be suspended for a period of one year. Administrative HearingIf you are arrested for a DWI and you are a minor you will face serious consequences. To avoid an automatic suspension of driving privileges, you must request an administrative hearing within 10 days of the day you were arrested for suspected DWI. The administrative hearing can be requested in order to challenge the suspension of your driving privilege at the court. When an administrative hearing is requested, it is better if your Kansas DWI lawyer is present to help in requesting it. If the court decides to grant you a hearing, it will give you a permit to drive provided you have surrendered your driver license at the DMV of Kansas. The permit enables you to drive until 15 days after the decision from the hearing is mailed to you. However, if you fail to request for a hearing or are unable to request for the hearing within 10 days from the date the Notice of Suspension is issued to you, your hearing will be denied. Then you will not be able to appeal in the future. An inability to request a hearing will lead to the suspension of the license commencing on the 15th day after the arrest. What happens after the Administrative Hearing?If you lose the administrative hearing, your driver license will be suspended depending on your previous five-year driver record. The license will be suspended effective 15 days after the final order of the hearing officer being mailed from the Department of Revenue to your address. If you are convicted during the past five years for any kind of alcohol-related law enforcement offense, you will be revoked for one year. However, if there had been no earlier conviction during the past five years, then the suspension will be for 30 days. The 30-day suspension is followed by a 60-day restricted driving privilege. If the suspension is upheld at the administrative hearing, you can petition the circuit court for further review. DWI Laws, Kansas DWI LawsNo Comments »DWI Laws Kansas DWI LawsI Wrecked My Car in Rhode Island – Need a DWI AttorneyPosted on May 27, 2010If you have been involved in a road accident and wrecked your car due to drunk driving, you will face a Rhode Island DWI prosecution. The first thing you need to do is seek the help of an experienced and qualified DWI defense attorney. Based on the Rhode Island DWI Law, if you are incapable of driving due to being under the influence of alcohol, it is illegal to drive or physically operate a vehicle. Even if it is your first offense, you will still have to face jail time and suspension of your license. Apart from getting heavy fines and jail time, you will also have a wrecked car and suspended license. Your auto insurance will also increase multifold or be discontinued. Get help from a Rhode Island DWI AttorneyWhen involved in a DWI in Rhode Island, you need to consult with an experienced Rhode Island DWI attorney prior to taking any kind of decision regarding your case. It might not be wise to handle your case on your own as Rhode Island DWI laws are very complicated and not very easy to understand. Per the Rhode Island law, if you are arrested for violating the DWI statute, the state will initiate two types of legal actions against you which include the Criminal Action given for the ticket that was issued to you when you were arrested for suspected DWI as well as the Administrative Action offered on your driver license by the Rhode Island Department of Motor Vehicles. Both these actions lead to immediate suspension of your driving license. You will also face various kinds of additional penalties depending on the kind of offense committed. When arrested for a DWI in Rhode Island, you have only 15 days to request a hearing from the Department of Motor Vehicles. If you are not able to request a hearing within 15 days, you lose your right to the hearing is lost and your license is automatically suspended for the applicable statutory time frame. The extend of penalties you might get for being arrested and convicted in Rhode Island for DWI offense depending on the circumstances under which the offense was committed, your blood alcohol levels and the number of times you have committed the offense. Most of the outcomes of a DWI can be avoided with the help of an attorney. It is very important to hire the attorney as he can give valuable legal assistance in order to get reduced penalties or even get charges dropped completely. Most of the time, not taking the assistance of an attorney can lead to serious implications which can affect your present and future. The attorney with the experience in the area of litigation of DWI will be well versed with the latest DWI laws and regulations of Rhode Island. He can use this knowledge as well as legal expertise to try various options for your case in order to get you a favorable outcome. One of the most reputable Rhode Island DWI defense attorneys Michael DelSignore has been involved in offering aggressive defense services to his clients who have been charged with driving under the influence of alcohol. He has been successful in defending many who are charged with DWI or who refused to take breathalyzer in Rhode Island. He will examine and explain the defense options employed by him to handle each case so that it will to an acquittal of your Rhode Island DWI charge. Thus if you have wrecked your car in Rhode Island due to DWI, you need not worry as you can seek the help of an experienced DWI attorney. DWI Attorney, DWI Laws, DWI casesNo Comments »DWI Attorney DWI cases DWI LawsNebraska DWI FinesPosted on May 03, 2010First DWI Offense – If it is your first DWI offense in the state of Nebraska, you will get a minimum of one week to two months in jail and your license is going to be suspended for six months. You will also pay a fine of $500. According to Nebraska DWI laws, you also need to go through an alcohol treatment program at your own expense. Second DWI Offense – If it is your second DWI offense in the state of Nebraska, you will serve a jail sentence of one month or more and your license is going to be suspended for one year. You will also have to pay a fine of $500 and attend an alcohol treatment program for two to six months. All second DWI offense drivers in the state of Nebraska will find their vehicle immobilized for one week to eight months and their registration is going to be suspended. Third DWI Offense – If it is your third DWI offense in the state of Nebraska, you need to serve a jail sentence of three months to one year. For third DWI offense, your license is going to be suspended for 2 to 15 years. You will also have to pay a fine of $600 and an ignition interlock device must be installed in your vehicle. Fourth DWI Offense – If it is your fourth DWI offense in the state of Nebraska, you need to serve a jail sentence of six months to five years. Your driving license is going to be suspended for a minimum of 15 years. You will also have to pay a fine of $1,000 to $10,000 and participate in an alcohol treatment program at your own expense. Fifth DWI Offense – If it is your fifth DWI offense in the state of Nebraska, you will be charged with a felony. You will serve a jail sentence of 1 to 15 years, your driving license will be suspended for a minimum of 15 years and you will have to pay a fine of $1,000 to $25,000. Changes in Nebraska DWI LawsIn April 2008, the Governor of Nebraska signed Legislative Bill 736. According to this bill, people charged with DWI are given permission to operate a motor vehicle if it contains an ignition interlock device. There are also some modifications in the fees and penalty provisions. Nebraska DWI Terms and Definitions
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