Posts Tagged ‘DWI offense’« Older Entries
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 »BAC DWI charges DWI Law DWI offense Underage DWI Charges
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.
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:
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:
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 »BAC Drunk Driving DWI charges DWI conviction DWI offense DWI Penalties
Posted on Feb 08, 2012
In Middletown, Ohio, a former Tribune Co. CEO, Randy Michael a.k.a Benjamin Homel, has been arrested for driving under the influence (DUI). Randy Michael, whose real name is Benjamin Homel, was accused of drunk driving in southwest Ohio.
Randy Michael’s DWI Offense
According to Middletown authorities, Mr. Michael was arrested on Friday morning after law enforcement officers noticed his motor vehicle in a muddy construction zone. Mr. Michael’s vehicle was spotted on Interstate 75, this is when officers approached the vehicle and smelled alcohol on Mr. Michael. Police reports state that his eyes were bloodshot and he was wobbly on his feet. During the field sobriety test, Mr. Michael had to perform several tests which he failed. The tests included:
The arresting officer took the former executive to a local jail where he met with his attorney for consultation. He later refused to take a Breathalyzer test to check his blood alcohol content (BAC) level.
Randy Michael aka Benjamin Homel DUI Incident
Police reports show that Randy Michael, 59 was charged under his real name, Benjamin Homel. He was charged with driving while intoxicated (DWI) and driving into a street that was apparently under construction and closed to traffic. He had recently resigned as Tribune CEO. In June he had helped launch a multimedia company.
Randy Michael has to appear in court on Oct. 21. His attorney, Steve Adams refused to comment further on the case, but says that Mr. Michael has entered a not guilty plea.
Do You Think Prosecutors Have A Strong Case Against Michael For His DUI Charges?
Even though he refused to take a Breathalyzer test, don’t forget that he failed his field sobriety tests, the arresting officer(s) smelled alcohol on him and they had probable cause to believe that he was operating a motor vehicle under the influence. What do you make of this case? Guilty or not guilty?Blood Alcohol Content, DWI, DWI cases1 Comment »BAC DUI Charge DWI Arrest DWI Case DWI offense