|
Q: Am I going to jail?
A: Maybe. The
politics of DWI have led to the jailing of even some first-time
offenders, depending on the facts, the County, the Judge, the
prosecutor and the defense lawyer.
A second
alcohol-related offense within ten years carries a mandatory minimum
30-day jail sentence. A third offense in ten years carries a
mandatory minimum 90-day sentence. A fourth in ten brings 180 days
minimum. A fifth timer in ten years is hit with a minimum year in
jail. In the summer of 2002, a fourth offense in ten years is an
imprisonable felony, and the old license revocation counts as an old
offense, even if you got out of the DWI conviction.
There are many legal
defenses to explore to your advantage, whether to win the case, or
to "win the result". Defend yourself with the best legal advice you
can find.
Q: What is a misdemeanor, a gross
misdemeanor, or a felony?
A: A misdemeanor
charge, (usually a first-time DWI with no one under 16 in the
vehicle, and test result under .20), carries a maximum penalty of 90
days in jail and a $1,000 fine.
A gross misdemeanor,
(second offense in ten years, or first offense with a child in the
car or first offense with a test result of .20 or higher, or a
refusal to take the test. All refusals are now gross misdemeanors,
at least.), carries a maximum penalty of one year in jail and a fine
of $3,000. There is an additional $1,000 on top of that for test results of .20
or higher.
Felony DWI, (fourth offense in ten years), carries
a maximum penalty of 7 years in prison and a $14,000 fine.
Q: Can I challenge old offenses enhancing
my current charges?
A: Yes. If there are grounds, you may be able
to secure a ruling from the judge that the government cannot use an
old conviction or revocation to enhance jail time or fines now. Each
case must be looked at, as they are all different. This is an area
of the law where you must start your defense fast. There is much
investigation required in remote counties, and there are copies of
paperwork to secure and transcripts of old proceedings that need to
be ordered and typed up. Hurry!
Q: Does my juvenile court DWI hurt, or
one from another state?
A: Yes, but there
are challenges available depending on which State you were dealing
with and how their laws read back then. Again, the government lawyer
has the advantage over you if you try this without professional
advice. DWI law is very complicated - and it keeps changing!
This information may not be used without written
permission.
Return to the
Welcome page
|
