Posts Tagged ‘DWI Offenders’

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.

In the wake of realizing the serious consequences of drunken driving offences, several measures are being taken both the government and private agencies to curb the incidence of drinking and driving accidents. One such measure is the introduction of Ignition Locks in vehicles that will not allow the vehicle to start where the driver tests alcohol in his breathe.

Ignition Locks Mandate for First Time DWI Offenders

Have you ever been convicted under a DWI charge? There are 8 states in the nation that have mandated the fixing of ignition locks in the vehicles of those who have been convicted under DWI charge even once. Usage of ignition locking devices is seen more as a preventive measure than a penalty imposition.


By mandating the fixing of Ignition locks in the vehicles, it amounts to the cars preventing the driver from driving it when he/she is under the influence of alcohol. States namely Nebraska, Illinois, Alaska, Washington and Colorado have joined the bandwagon of mandating Ignition locking devices in the vehicles of those who have been convicted under the DWI legalities even once. Arizona, Louisiana and New Mexico are the first three states to introduce this mandate, out of which New Mexico is the first state to introduce this rule in early 2005. With the current count of states mandating ignition locks increasing to 8, even first time offenders are required to fix an ignition locking device in their vehicle in these 8 states.


A few organizations especially the liquor industry has expressed its opposition to the introduction of mandatory ignition locks in the vehicles. According to the American Beverage Institute (ABI), inspite of their support to the usage of ignition devices for repeat offenders, first time offender rule was not in consensus with them. According to Sarah Longwell of ABI the freedom of having a sip of wine or champagne at a party or wedding is being greatly restricted because of this rule.

Reduced DWI Fatal Accidents

Considering the fact that ignition interlock devices are rarely prescribed by the law, many organizations especially MADD have been demanding for introducing ignition locks even for the first time offenders and have so far been successful in 8 states across the nation.


The state of South Carolina has introduced mandate of ignition lock devices for repeat DWI offenders. It is the only state in the nation that has introduced the mandate for repeat offenders.


Ignition Lock Devices have been successful in reducing the chances of fatal DWI accidents thereby curbing the bane of drunken driving right at its inception. There is a 20% drop in the number of DWI deaths in the country with the help of ignition lock devices.


Sometimes we are left with limited options to curb the growing menace of DWI accidents and ignition lock devices is one such effective instrument to stop drunken driving accidents right in the beginning. If you disagree with this view point write to us with reasoning.

Many individuals abuse alcohol consumption based on the many myths surrounding DWI and the various tests carried out by DWI law enforcers to control the crime. These DWI myths range from the extremely weird to credible suggestions that simply are not scientifically correct. Some of these myths include:

1. Breath: Most individuals believe that the smell of alcohol on your breath is what gives the BAC reading. However, research has proven this is not so. Alcohol has no odor. The odor is generated from the other ingredients used to make the drink. As a result, an individual who consumes non-alcoholic beer will have the same mouth odor as one who consumes alcoholic beer. Research has also shown that odor level estimates for some high potent alcoholic beverages were off by up to .13, which is almost twice the legal limit.


2. Accurate Breathalyzers: Do not give up if you are pulled over for a suspected DWI. Research has shown that breathalyzer testing is not a 100% full proof method of declaring you were driving under the influence. Any experienced DWI lawyer can easily expose the accepted .01% inherent error of the system and this has now been accepted in courses nationwide.


3. Jury Trial: The format of DWI cases is not cast in stone. Accusers have the right to refuse judgment by a judge and request a jury trial. With its margin error of 30 – 40%, a jury is important especially when the circumstances of your charge are questionable. This request cannot be denied, as it is your right under the sixth amendment.


4. Guaranteed correct BAC Results: It is a known fact among law enforcers and DWI lawyers that the testing method for breathalyzers is not full proof. Arresting officers can easily manipulate the information generated by the machine to prosecute suspected DWI offenders. Tests have shown that the first few breaths blown into the machine has a less alcohol content than the last couple of breaths do. This is because the first breaths that exudes from the top of the lungs that has lower alcohol content. The last couple of breath will come from the bottom of the lungs, close to the alveolar sacs that are rich in alcohol content. With this knowledge, the arresting officer keeps yelling at the driver to blow hard into the test machine until an elevated result is reached. Studies show that some breath test under these conditions revealed an actual alcohol content of .14% when compared to the actual blood test results of .09%. Always inform your DWI lawyer of the arresting officer’s conduct.


5. Breathalyzers tell Blood Alcohol Content (BAC): Many individuals believe that a breathalyzer machine actually measures blood alcohol concentration level. This is understandable as the acronym BAC suggests. However, the breathalyzer machine only gives an estimate of the amount of alcohol concentration by detecting any chemical compounds that contains trace elements from a methyl group of elements. Correct alcohol content must be verified by a blood test that has also been proven to have a 5% margin of error.


6. Mandated Roadside Testing: Roadside testing is not mandatory. Suspected offenders can refuse the roadside sobriety test but must immediately make themselves available for a chemical blood test at their expense at the nearest certified medical facility.


7. Roadside Integration: Suspected offenders often believe they must answer all the questions posed to them by their arresting officer. Drivers have the right to remain silent about any questions pertaining to your impairment.


8. Sucking on Copper Coins- some individuals believe that sucking on copper coins following the consumption of alcohol can actually lower their BAC reading. They think the chemical content will affect the machines ability to calculate your BAC level. This has proven to be utterly untrue.


9. Being Alcohol Free: Being alcohol free does not prevent you from being arrested on a DWI. Test show that traces of marijuana and other high potent drugs remain in the body up to twenty days after being consumed.


10. Pleading Guilty: Many persons believe that just pleading guilty will eliminate the rigors of the court case and sets you along your merry way, however this is not so. After a guilty plea, your information is entered into the state’s system. If you are charged again for the same crime, you will be treated as a repeat offender and attracts a different set of rules.