Driving With B.A.C. of .08% or Greater…
is a crime. This offense deals with operating a motor vehicle with a B.A.C. of .08% or more. Even as a first time offense, DWI is a crime, and a conviction will result in a criminal record. While it is common for a first-time offender charged with B.A.C. of .08% or Greater to receive an offer to plead guilty to the lesser charge of DWAI, it is important to note that this is certainly not a sure thing. Many prosecutors will not freely offer to make such an offer if there is some aggravating factor in the case. For example, if the person has a Blood Alcohol Content (B.A.C.) over a certain level (e.g., .15%), gave the police a hard time, or was involved in an accident, you will often find a prosecutor who wants the defendant to plead guilty to misdemeanor charge of D.W.I.
The “Prompt Suspension Law” calls for the suspension of the license of a driver who is charged with DWI and who is alleged to have had a BAC of .08% or more at the time of their arrest. Also, if you are alleged to have refused to take a blood or breath test, or if you have certain prior convictions, the Judge may suspend your license.
Suspension pending prosecution generally takes place at the driver’s first court appearance, known as the arraignment. The presumption of innocence does nothing to help such a defendant, and such suspension can go on for as long as the case is pending or even beyond. Depending on the facts of your case, there may be ways to avoid this penalty, so if you are able, it is important to consult an experienced DWI attorney before you go to court.
With regards to this criminal offense, a first-time conviction for this offense will lead to the following potential penalties:
- ∙ Up to 1 year in jail;
- ∙ A period of probation for up to 3 years;
- ∙ A fine of between $500 and $1,000, a surcharge of $395, and a driver responsibility assessment of $250 per year for 3 years;
- ∙ Revocation of your driver’s license for at least 6 months;
- ∙ Possible revocation of your registration for at least 6 months;
- ∙ Attendance at the Victim Impact Panel; and
- ∙ A requirement that you install and maintain a functioning ignition interlock device in any motor vehicle that you own or operate during the term of probation or conditional discharge, and in no event for less than 6 months.
Depending on your prior record, you may be eligible for the Drinking Driver Program and a conditional license. It is also important to note that the period of revocation listed above is the minimum period, and based upon the driver’s prior record, might actually be much longer.As the potential penalties increase, so does the need to retain the most qualified attorney possible. It is not unusual for the choice of attorneys to be the difference between a conviction and an acquittal, a criminal conviction and a conviction for a traffic infraction, or even the difference between a jail sentence and a sentence of probation.
Driving While Intoxicated (“DWI”) is also a crime. You can be charged with DWI regardless of whether there is a chemical test result (ie. if the police claim that you refused to submit to a blood or breath test). The legal standard for DWI is that a driver has voluntarily consumed alcohol to the extent that he is incapable of employing the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver.
While it is common for a first-time offender charged with DWI to receive an offer to plead guilty to the lesser charge of DWAI, it is important to note that this is certainly not a sure thing. Many prosecutors will not freely offer to make such an offer if there is some aggravating factor in the case. For example, if the person has a Blood Alcohol Content (B.A.C.) over a certain level (e.g., .15%), refused a lawful request to take a blood or breath test, gave the police a hard time, or was involved in an accident, you will often find a prosecutor who wants the defendant to plead guilty to misdemeanor charge of D.W.I.
If you are facing D.W.I. charges, you should know that there are several statutes which can call for the suspension of your driver’s license before you have been convicted of anything. For example, if you are alleged to have refused to take a blood or breath test, or if you have certain prior convictions, the Judge may suspend your license.
Suspension pending prosecution generally takes place at the driver’s first court appearance, known as the arraignment. The presumption of innocence does nothing to help such a defendant, and such suspension can go on for as long as the case is pending or even beyond. Depending on the facts of your case, there may be ways to avoid this penalty, so if you are able, it is important to consult an experienced DWI attorney before you go to court.
With regards to this criminal offense, a first-time conviction for this crime will lead to the following potential penalties:
Up to 1 year in jail;
A period of probation for up to 3 years;
A fine of between $500 and $1,000, a surcharge of $395, and a driver responsibility assessment of $250 per year for 3 years;
Revocation of your driver’s license for at least 6 months;
Possible revocation of your registration for at least 6 months;
Attendance at the Victim Impact Panel; and
A requirement that you install and maintain a functioning ignition interlock device in any motor vehicle that you own or operate during the term of probation or conditional discharge, and in no event for less than 6 months.
Depending on your prior record, you may be eligible for the Drinking Driver Program and a conditional license. It is also important to note that the period of revocation listed above is the minimum period, and based upon the driver’s prior record, might actually be much longer.
As the potential penalties increase, so does the need to retain the most qualified attorney possible. It is not unusual for the choice of attorneys to be the difference between a conviction and an acquittal, a criminal conviction and a conviction for a traffic infraction, or even the difference between a jail sentence and a sentence of probation.
