Drinking and driving – as commonly referred to – is one of the most discussed and debated legal issues facing American society today. All states in America are adopting harsher penalties for drinking and driving. This is because of the major impact and ramifications that can result from it and the negative ways crime has affected society.
Many lives have been lost, and many families have been destroyed because of this senseless crime. Some feel that penalties for an individual who gets drunk and drives, resulting in serious injury or death, are not strong enough. Many organizations nationwide, such as MADD – Mothers Against Drunk Driving – are pushing for penalties more in line with someone who commits murder.
Legal Limit for Blood Alcohol Content
Beyond the legal limit: Understanding how alcohol affects your body and driving skills For many people, drinking alcohol is a social activity that can be enjoyable and fun. However, it’s…
ARS 28-1381 – Arizona DUI laws
Consequences of ARS 28-1381: Understanding Arizona’s DUI laws Driving under the influence (DUI) is a serious offense that can have long-lasting consequences. Arizona has some of the strictest DUI laws…
Federal DUI vs State DUI
State vs. Federal DUI: What’s the Difference? Driving under the influence (DUI) is a serious offense that can result in severe consequences. However, not all DUI charges are the same….
Ankle Monitor for Alcohol
SCRAM Ankle Bracelets vs. Jail for DUI SCRAM (Secure Continuous Remote Alcohol Monitoring) electronic ankle bracelets have been an effective way to monitor people under house arrest and are now…
Obstruction of Highway Charges in Texas
Obstruction of Highway Charges vs. Texas DWI Navigating the criminal court system in Texas can be difficult, especially if you are facing a driving while intoxicated (DWI) charge. One possible…
What is Intoxilyzer 9000?
Intoxilyzer 9000: Controversial Breathalyzer Used to Determine DUI The Intoxilyzer 9000 has become a controversial tool for determining levels of intoxication for those arrested for driving under the influence (DUI)….
Secrets of Avoiding a DUI Conviction
12 Insider Tips from a DUI Lawyer to Avoid a DUI Conviction Driving under the influence of alcohol or other intoxicants that impair your ability is a violation of law…
DUI Emergency Shortcuts
DUI Emergency in Georgia The fact is, more people go to jail for DUI than for any other crime! You can lose your driver’s license for as long as five…
Georgia Form DS-1205
What is a DUI DS 1205 form in Georgia? As of July 1, 2017, in Georgia, if you are issued a DDS 1205, you can waive the appeal of the…
Fourth DUI Offense in Georgia
Georgia 4th DUI & Felony DUI You face severe consequences if convicted of a fourth DUI offense in Georgia. The state of Georgia has a zero-tolerance policy when it comes…
Georgia Implied Consent
Implied Consent in Georgia You have been arrested for DUI and haven’t been officially tested yet. You will receive an important warning from the officer who just arrested you. He…
Can Cops pull you over for Driving Late at Night?
The right to safely travel on the roads is essential to our everyday lives. However, many people have experienced the fear of being pulled over by a police officer while…
Arizona Impaired to the Slightest Degree DUI
What is Impaired to the Slightest Degree? Suppose a driver over 21 with a non-commercial license is discovered to be operating a vehicle with a blood alcohol content (BAC) of.08…
Marijuana DUI Arizona
Marijuana DUI Laws in Arizona The legal environment surrounding marijuana use has drastically changed during the past ten years. In 2010 it was decriminalized for medical use, and in 2020,…
Ignition Interlock and Arizona DUI Laws
Arizona Interlock Laws You’ve probably heard of an ignition interlock device if you were convicted of a DUI in Arizona (IID). So let’s learn more about Arizona DUI laws and…
How Much does a DWI Cost in Texas?
Texas DWI Cost 2023 The cost of a DWI case includes not only expenses related to your legal defense, but also the costs, including fines, that follow a conviction. Mounting…
Are DUI Checkpoints Legal in Texas?
In Texas, as well as across the United States, it is against the law to operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher. However,…
How to Get an ALR Hearing in Texas
What You Need to Know About DWI ALR Hearings The Texas Department of Public Safety (DPS) will attempt to suspend the driver’s license of anyone arrested for DUI who either…
How long does a DWI stay on your record in Texas?
A DWI can linger on your record indefinitely unless you take measures to get it sealed or expunged. A DWI on your record can be a major problem, preventing you…
First DUI Offense in Connecticut – Alcohol Education Program
Second Chance for People Facing Their First DUI Charge While there are other defenses to a DUI charge in Connecticut, the most common approach used by DUI defense lawyers is…
How To Expunge DUI Conviction
DUI Expungement – Can a DWI Conviction Be Expunged? Courts will only consider DUI driving record expungement following a certain period of time. Applicants may also be disqualified for expungement…
What is the Zero Tolerance Law?
Zero-Tolerance Law – Underage Drunk Driving The creation of zero-tolerance laws came in direct response to the issue of drinking and driving by underage drivers. Over time, statistics have shown…
Challenging a California License Suspension for DWI
Driver’s License Suspension For DUI Can Be Effectively Challenged If you are convicted of DUI (CVC 23152), your driving privileges will be suspended for 6 or 10 months by the…
Laws Require DUI Offenders to Install Ignition Interlock Devices
Driving under the influence (DUI) is a serious crime that can have life-altering consequences. In many states, DUI offenders are required to install an ignition interlock device (IID) in their…
What Makes a DUI a Felony?
DUI Felony Charges DUI felony charges refer to claimed instances of the act of “driving under the influence” undertaken by a driver. In this way, the applicable sector of the…
California Social Host Laws
Social Host Laws in California Most youths who obtain alcohol do not get it from irresponsible retailers or by using fake identification. The majority of alcohol consumed by minors is…
Maryland’s New DUI Laws: Noah’s Law & MVA Penalties
What You Need to Know about Maryland New DUI Law: Noah’s Law Driving after having a few drinks on a night out is never a good idea, and the DUI…
What to do if you miss a court date
I Missed My Court Date, What Should I Do? If you have missed a court date for a criminal matter, you should consult with an attorney as soon as possible…
Second DUI conviction in Georgia
2nd offense DUI in Georgia Being arrested and charged with a DUI is a very scary situation. In Georgia, if you are convicted of a 2nd DUI within a 10-year…
How to fight a DUI without a lawyer
Can you be your own drunk driving defense attorney? Police officers’ business is to ensure the safety of our highways and citizens. Questioning whether you should be behind the wheel…
Georgia’s 30-Day Rule
Save Your License after a Georgia DUI When you are arrested for driving under the influence in Georgia, the officer must present you with a form 1205 from the Georgia…
California Drunk Driving – BAC Tests
SAN DIEGO DRUNK DRIVING & BLOOD ALCOHOL TESTS Simply driving a vehicle in San Diego – or anywhere in California — legally and automatically implies consent to submit to a…
Forfeiture Of Car Driven At The Time Of DWI Arrest
Car Seizure & DWI Arrests In New York There has been much publicity about the New York City Police Department’s policy of seizing the cars driven by allegedly drunk drivers….
Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) has devised what is commonly referred to as the “Approved Field Sobriety Tests.” My readers are happy to learn that I have spent…
Are Warrants Needed to Take DUI Blood Tests During Arrests?
Is a Warrant Needed to Take DUI Blood Tests During Arrests? Supreme Court justices on Jan. 16, considered if a warrant were needed to draw blood from a suspected drunk…
Consequences of Drunk Driving Offenses
Drunk Driving Offenses Drunk driving offenses are our nation’s most frequently committed crimes, killing someone every thirty minutes. Drunk driving offenses kill more than 17,000 and injure 500,000 people yearly…
The DUI Process: What to Do if You’re Charged
Being charged with driving under the influence (DUI) or driving while intoxicated (DWI) is a difficult experience. The best way to avoid this is to drink responsibly, and avoid drinking…
Difference Between DUI and DWI
Another term for operating a motor vehicle while intoxicated is DWI, which stands for driving while intoxicated. In some states, the two terms are interchangeable, with both carrying the same legal definitions and penalties. Other states differentiate the two by certain factors, such as level of intoxication, recklessness of driving, and whether or not personal injury or death resulted. Usually, a DWI would be more severe in these states than a DUI.
It is possible to have a DWI reduced to a DUI, provided a certain set of criteria are met. These criteria can include but are not limited to; whether it’s a first offense, the defendant’s likelihood of repeating the offense, and his or her level of remorse for their actions. In addition to these examples, several other factors are usually determined case by case.
DWI – Driving While Intoxicated
DWI (driving while intoxicated or driving while impaired) refers to the operation of a motor vehicle while under the influence of any substance, whether drugs or alcohol, that may diminish an individual’s ability to drive safely.
Because of increased public pressure on government agencies to crack down on drunk and impaired driving, law enforcement officials may be tempted to increase the number of DWI and DUI arrests. Unfortunately, many arrests are made through improper and unconstitutional investigations and procedures. The increased pressure may also result in the wrongful accusation of innocent people. However, if you’ve been charged with a DWI, knowing you have many legal rights and options is important.
Please contact us today to speak with a qualified and experienced criminal law lawyer FREE of charge to learn more information about your rights and interests.
Consequences of a DWI
A DWI arrest can result in a number of consequences depending on factors such as the severity of the intoxication, past DWI arrests, the suspect’s age and previous criminal history, whether any parties were injured, or whether any property was damaged. Those who are charged and convicted of a DWI may be penalized with the following:
- Heavy fines
- License restriction
- License suspension
- License termination
- Probation
- Jail time
- More
In some cases, a DWI is considered a felony and could stain a defendant’s criminal record, making it more difficult to find a job, prevent him/her from voting, or participate in other activities in the future.
State Versus Federal Laws
Here you will find information on each state’s DUI or DWI laws. Though each and every state has a separate set of laws pertaining to DUI, or DWI, some federal laws are consistent across all 50 states. These include a legal blood alcohol limit of .08 for anyone operating a motor vehicle. Also, anyone under the federal legal drinking age of 21 years old who is found to have any amount of alcohol in their system will be automatically charged under the federal “zero tolerance” law for underage drinkers operating a motor vehicle.
Whatever situation you find yourself in regarding driving under the influence, or while intoxicated, you will be best served to hire a good lawyer. Try to find someone familiar with your state’s laws and with experience defending individuals charged with a DUI or DWI.
Your Legal Rights
A DWI charge does not always result in a conviction. However, DWI defense requires extensive knowledge of state and federal DUI laws, breath analyzer technology, human physiology, and chemistry. If you or a loved one has been charged with a DWI, it is crucial that you consult with a qualified criminal law attorney who has the experience necessary to defend your legal rights and interests effectively. Please contact us today to speak with an experienced DWI attorney who can examine your case FREE of charge and help plan the best course of action for you.