Posts Tagged ‘DWI Penalties’

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DWI Felony in Memphis

Posted on Mar 03, 2011

DWI legislations in Memphis have evolved dramatically over time. Someone charged with drunk driving these days can look forward to the brunt of DWI laws coming down on him or her. These types of arrest trigger complicated criminal procedures that have crippling criminal punishment if someone is convicted of the offence. DWI felony cases can be increasingly harsh in Memphis and around the nation.

Most DWI Arrests Are Misdemeanors

People are arrested in DWI cases in which there are no:

injuries
extensive property damage
other extenuating circumstances

The penalties vary from fines, probation or imprisonment of around 12 months.

Overview of Felony DWI

Those charged with felony DWI face more harsh consequence which includes the penalties for misdemeanors and possibly the following punishments:

Incarceration for over 12 months
Large monetary fines
Curtailment of their license privileges
Suspension of the license for up to 60 months
Having the license permanently taken away
Court-ordered alcohol or drug treatments
An ignition interlock device (IID) placed on the vehicle
Impoundment or forfeiture of the vehicle

Additional DWI Court Cases

Those arrested for DWI in Memphis will also face another administrative case that will be charged against them in a Memphis administrative court; in which the charged driver’s license will be in jeopardy if he is convicted in the case.

Memphis Felony DWI Penalty Variables

Lawmakers in the state formulate Memphis felony DWI penalties and these penalties are very complex. Some of the things that can change the complication of the punishment one faces include;

Conviction within the last seven years
Driving 20 mph over the posted speed limit
Having a minor under the age of 14 in the vehicle while driving impaired
Blood alcohol level of more the 0.20%
Not agreeing for a blood alcohol level test

Those Memphis citizens who have been arrested for felony drunk driving must hire a DWI lawyer to represent them. This lawyer is the best source of information for those who have been charged with felony DWI. It is best to follow the advice of a professional DWI attorney. This attorney should be hired as soon as possible.

What exactly are the penalties for DUI in California

Posted on Jul 19, 2010

Driving under the influence or what is commonly known as “DUI” is a serious offense. It can turn one’s car from being a means of transportation to something more of a lethal weapon. As with most states, it is not tolerated in the Sunny State. Below is a list of the punishments for first time and up to a fourth time conviction of driving under the influence, or DUI, in California.

1. The first time offense includes the following:

Jail Time– From 96 hours to 6 months
Legal Fine – Running from $390 to $1000
License Suspension –For up to 6 months
Completion of a DUI program
Installation of an “Ignition Interlock Device,” or IID, which is like a breathalyzer hooked-up to the offender’s dashboard. The offender must breathe into it, and, if the blood alcohol level is between 0.02% or 0.04%, the car won’t start.
California SR22 insurance for a restricted license

2. The second time offense:

Jail Time – From 90 days to 1 year
Legal Fine – Running from $390 to $1000
License Suspension –For up to 2 years
Restricted driver license
IID installed in car
Completion of DUI program
California SR22 insurance for a restricted license

3. The third time offense:

Jail time – From 120 days to 1 year
Legal Fine – Running from $390 to $1000
License Suspension- For up to 3 years
Designated as a “Habitual Offender”
Must wait one year to apply for a restricted license
IID required
Completion of DUI program
California SR22 insurance for a restricted license

4. The fourth time offense (within ten years of previous conviction):

Jail time or Prison – From 180 days to 1 year
Legal Fine – Running from $390 to $1000
License Suspension- For up to 4 years
Must wait one year to apply for a restricted license
IID required
Completion of DUI program
California SR22 insurance for a restricted license

Newer Laws have also been introduced for lower tolerance for repeat DWI offenders. The majority of newer laws have to do with the IID. For example, in order for an offender’s license to be reinstated, an IID would have to be installed. Also, a lower tolerance of blood alcohol levels has been passed, stating that a tolerance of 0.01% as being the cut off level to drive a car. Likewise, a bill has been introduced to require IIDs for every vehicle owned by a given offender. Finally, another bill that has been talked about is one in which an offender would have to go thru an education program and group counseling.

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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.

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