Posts Tagged ‘DWI Penalties’

« Older Entries

Is Getting Jailed The Ultimate Destination For DWI Offenders?

Posted on Oct 31, 2012

If you are arrested for a DWI offense, you can be convicted and face a lot of penalties. Many offenders face strict and stiffer penalties than just fines. This can include jail time, limitation to driving and even felony if it is a repeat offense.

Types of Penalties Faced By DWI Offenders

If you are charged with DWI, you will have to undergo a series of tests and failing these tests, you will be arrested. If convicted you will face severe penalties based on the specific state laws. You will also face a series of other aggravating circumstances which include but are not restricted to jail time.

The penalties include:

Jail Time is quite varied according to the state where the crime has occurred. If it is your first-offense DUI, it will be considered as misdemeanor, and you may face jail time of up to six months. This duration can increase based on various factors; (some states have more jail time if the BAC of the offenders is more than 0.15% or 0.20%). However, some states also have minimum jail sentences of at least several days on a first offense.
The number of days increases considerably with subsequent offenses and can be as much as several months to a year. If it is a felony where the driver or the bystander dies due to drunk driving or if it is the third or fourth DWI, the jail time can be several years. This however, depends on the state law and the decision of the judge at trail.
Fine The fine for DWI can be anywhere between $500 to as much as $2,000.
Driving Limitations A DWI can also lead to limitations on driving. In this form of penalty, you will have your license suspended for a substantial period of time. It could be about 90 days for first offender and about a year for second offender and as much as three years for third offender. If you refuse a blood, breath or urine test, your license will be suspended regardless of the finding of guilt.
Community Service and Alcohol Prevention Plans – You will be involved in other forms of penalties like alcohol teaching and prevention programs, treatment for alcohol abuse, assessment of a person for possible alcohol or drug dependency or addiction, and community service or victim restitution. It is usually recommended by the judges as compared to jail time or fines, as it helps in reforming the convict.

If you are convicted for DWI, jail time is NOT the ultimate penalty. You will face a lot of other consequences based on the frequency of your offense. The severity of the consequences increases considerably based on the extent of the DWI as well as the number of times you have committed the crime.

Alcohol, DWI cases, Drinking LawNo Comments »Alcohol Prevention Plans Driving Limitations DWI Offenders DWI Penalties

What is a DWI Charge?

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.

DWI Charges

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:

One year jail time,
Heavy fine,
Community service,
License suspension, and
Counseling.

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:

Operate commercial vehicles
Drive with minors in the car
Drive with a suspended or revoked license or
Drive with no license at all

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

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.

Drunk Driving1 Comment »Drunk Driving DWI Felony DWI Lawyer DWI Penalties