It is not uncommon for drivers who have been arrested for their first DUI to be scared and unsure of what penalties and fines they may face. Are they going to jail? Will their license be confiscated? There are tough legal questions that should be addressed immediately with a DUI lawyer.

Penalties of DWI in Abilene

The first question many drivers have who are arrested for DWI or drunk driving is, “Can I plead to a less charge of reckless driving?” Although this is an option in many states, the state of Texas does not allow this under its DWI statutes.

First time drunk drivers can be charged with a misdemeanor and face up to $2,000 in fines and penalties, 72 hours up to 180 days in jail, Texas driver’s license suspensions of 90 days up to 1 year, alcohol education course attendance and potential mandatory installation of an ignition interlock device. This device will have to be installed in your car at your own expense.

Another penalty that drivers may not be award of is a “surcharge” that is imposed in addition to regular fines. This charge is $1,000 per year for 3 years, assuming this is the driver’s first DWI, and $2,000 per year if the driver’s blood alcohol limit was double the legal limit. What does this mean for the driver who has a blood alcohol level this high? A DWI, even a first time conviction, could end up costing you over $6,000 over a three year period.

Will I lose my Texas license after drunk driving conviction?

Abilene drivers may not realize that they can be arrested for drunk driving with any amount of alcohol in their system if they are unable to safely operate their motorized vehicles.  If they have a blood alcohol concentration (BAC) of 0.8% or higher they can be arrested for a per se DWI violation which means that there does not have to be evidence of unsafe driving; the high BAC is a violation in and of itself.

Drivers will first face an administrative license suspension from the Texas Department of Motor Safety if they either refuse to submit to a blood alcohol content test (BAC) or if they submitted to a BAC test and their BAC is above the legal limit. This suspension is separate from the penalties and license suspensions that the driver may face if they are ultimately convicted of a Texas DWI.

Can I get a Texas Conditional License after a DWI conviction?

One of the main concerns for many Texas drivers is whether or not they can continue to drive with some type of work permit or conditional license while their license is suspended. The good news is that most drivers will be able to get an occupational or conditional license to continue to drive on a “need” basis.

Essential need is defined under Transportation Code Section 521.241 and includes transportation to and from an educational facility in which the person is enrolled or to perform essential household duties.

Hiring a DWI lawyer in Abilene

Talk to a DWI lawyer if you have been arrested for a drunk driving charge in Texas. Even first-time offenders can face severe DUI penalties as outlined above.

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If you have been arrested for a third DUI in some states you may be facing a felony charge and severe penalties. For instance, in the State of Oregon a third DUI within 10 years is a Class C felony which can result in a permanent license revocation, which means if you live in the state of Oregon you will never drive again. Oregon drivers can also spend time in prison.

What about other states? State laws vary but if you are arrested a third time in Florida within a 10 year period you are facing fines of $2,000 to $5,000, up to five years in jail, a mandatory installation of an ignition interlock device, a 10 year license suspension, probation, community service and mandatory attendance in an alcohol education course.

Consider also, if you are arrested for drunk driving and you were transporting a minor child or if your blood alcohol content was high it is likely that the state will enhance your DUI charges.

Do you see the trend? A third DUI arrest in any state indicates to the courts that you have a serious problem with alcohol and your DUI arrest was not one simple mistake but rather a trend.

How will this affect my employment?

If you are arrested for drunk driving and ultimately convicted of a DUI charge, especially multiple charges, it is likely that if your employer or a future employer will do a background check and you could either lose your current job or jeopardize your employment in the future.

Obviously, a misdemeanor charge is generally viewed more favorably than a felony, but many employers view a drunk driving conviction as a very serious conviction. Why? Multiple DUI convictions could indicate that the applicant has serious alcohol addiction issues and could cost the employer money through job injury, extended absences, and insufficient job performance.

Applicants for certain types of jobs may also have difficulty especially those in the medical community, the military, teachers, school administrators, lawyers or any job which requires a commercial drivers license (which the applicant would most likely be unable to get due to multiple DUI convictions).

Hiring a DUI lawyer

If you have been charged with a third DUI it is imperative that you seek immediate legal help. If you refused the blood alcohol content test or you failed the test you will face an immediate administrative license suspension from the Department of Motor Vehicles in your state, even if you are ultimately found not guilty of the drunk driving charge.

As mentioned above, the penalties and fines vary significantly by state. Many states have a long wash out period. For instance, in some states DUI arrests within a five year period can enhance the DUI penalties while other states allow for a 10 year wash out period. Some states have lifetime wash out periods and all previous drunk driving convictions can be considered when the court is assessing your penalties for your most recent DUI arrest.

Consider also, most states do not allow you to expunge the DUI conviction from your driving record unless you are pardoned or your conviction is reversed on appeal. Talk to a DUI lawyer today.

Related articles

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• Oregon- Penalties for third DUI (duiattorneyhome.com)

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Matthew Fox, best known for his starring role on Lost, was arrested for drunk driving early Friday morning in Bend, Oregon. The DUI arrest occurred after a traffic stop. Police claim that Fox failed to maintain his lane and failed to signal. Officers decided that Matthew Fox was intoxicated, and according to reports the actor was arrested at the scene at 3:23 on suspicion of driving under the influence of alcohol.

After the Friday morning DUI arrest Matthew Fox was taken into custody but released by the Oregon police later that same day. The police were not able to get a mug shot of the defendant but will require him to return to court in June.

Sources stated the details surrounding the DUI arrest have not been confirmed, but the actor was arrested on an alcohol related charge as he drove for a late night meal at a fast food restaurant.

This is not the first time the Lost star has faced legal troubles. In August of 2011, a Cleveland bus driver filed assault charges against the star for allegedly punching her. Heather Bormann, the plaintiff in the assault case, claimed that Fox assaulted her leaving bruises on her arms and legs when she refused to allow him to board a private party bus. Fox was not formally arrested for the alleged assault but was detained by the police.

Fox has sworn off television and has been living in Oregon with his family for several years. In an interview in USMagazine.com he claimed that after Lost wrapped he was done with television and eager to move on to new adventures in either movies or working another job entirely.

Fox relocated to Oregon after Lost in 2010 with his family which includes his wife Margherita, a daughter, Kyle Allison, 11, and son Byron, 8. Fox claims that moving to Oregon would allow him to be closer to his mom, cousins and brothers.

Hiring a DUI Lawyer

If you have been arrested for a DUI in Oregon it is time to talk to a DUI lawyer. DUI penalties in Oregon can be severe, even for first time DUI arrests.

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Jane McGarry, a longtime NBC 5 news anchor in the Dallas/Fort Worth Area, has been released from the Dallas County jail after getting arrested for drunk driving over the weekend. Police report that the popular news reporter was stopped in her 2007 Porsche early Sunday morning when she did not signal as she entered the Dallas North Tollway.

McGarry, who refused to take a breathalyzer, was taken into custody and held at the Dallas county jail. She later submitted to a mandatory blood test. Police have issued additional statements about the drunk driving arrest claiming that Jane McGarry had, “bloodshot, droopy eyes and used a loud tone of voice.” Evidence suggests she also failed other sobriety tests administered by Dallas law enforcement officers at the scene.

Jane McGarry has worked for NBC 5 since 1982. Jane McGarry has remained silent since the drunk driving arrest. Although she frequently posts updates on Twitter and Facebook, she has not commented on her recent brushes with the law. The news station has issued a short statement concerning the incident, “NBC 5 station management is looking into the matter this evening and has no further comment.”

Fans have had mixed reactions to the DUI arrest. Several NBC fans have posted their support, claiming that, like everyone, McGarry simply made a mistake. Others have called for her immediate firing claiming that due to her status as a news anchor she has a responsibility to be a leader and pillar in the community.

McGarry has had a distinguished news career. She has won the prestigious National Gracie Award for Best Local Anchor and has consistently been available to her fans and constituents through popular media sites such as Facebook and Twitter.

Hiring a DUI lawyer

The recent news of Jane McGarry’s DUI arrest highlights that even good people make bad choices. If you have been arrested for DUI it is time to talk to a DUI lawyer. DUI laws and penalties are high in Texas and even first-time DUI offenders can face severe DUI penalties.

McGarry submitted to a chemical test. but drivers who do not make the same decision can face severe administrative penalties such as a license suspension. If you have had your license suspended by the Texas Department of Transportation you can challenge the suspension within a few days from the drunk driving arrest. Administrative license suspensions are separate from criminal DUI penalties, and drivers can have their license suspended even if they are ultimately convicted of drunk driving in Texas.

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Tennessee DUI – What next?

If you have been arrested for drunk driving in Tennessee the first step is to talk to a Tennessee DUI lawyer who understands Tennessee DUI laws. DUI lawyers can review your case and determine if they believe the state has enough evidence to convict you of DUI.

For instance, in the state of Tennessee the state must prove that you were operating the car or you were in physical control of the car, you were operating a motorized vehicle, you were on a public road, parking lot, highway or any other location that is frequented by the public and you were either under the influence or alcohol or drugs or your blood alcohol content was 0.08% or higher. If you did not take a field sobriety test or a chemical test and the officer has very little evidence of impairment, it may be possible that the state will not move forward with the charges.

If the state does not agree to dismiss the charges than the next step may be to either see if the state will offer a deferral or if they are willing to reduce the DUI to a reckless driving charge. If the state offers a deferral program you would have to pay fines, perform community service and potentially attend a drug and alcohol treatment program.

Can I lose my Tennessee license after a drunk driving stop?

Drivers who were asked to perform a breath test and either refused or failed the test will have their license immediately confiscated. The police officer will issue the driver a temporary driving permit which is effective for 10 business days. Within this time period the driver can request an administrative hearing to challenge the driver’s license suspension.

If a hearing is requested a judge will hear the evidence of the Tennessee DUI stop and determine whether the Department of Motor Vehicles has the right to suspend the driver’s license. If the suspension is upheld the driver’s license will be suspended for one year.

It is important to remember that the administrative hearing is not determining the guilt or innocence of the driver. If the judge upholds the administrative license suspension the suspension is still valid even if the driver is ultimately found not guilty of drunk driving.

Keep in mind, you have the right to have a Tennessee drunk driving lawyer represent you at the DMV hearing and the costs are generally around $500.

What happens if I am convicted of a Tennessee DUI?

A first offense DUI (which means the driver has not had another DUI in the previous 10 year period) is classified as a misdemeanor offense and drivers will have the following penalties imposed:

• Minimum 48 hours in jail up to 11 months.
• Fines of $350 to $1,500 plus additional court costs. Drivers who have a child under the age of 18 in the car will pay at least $1,000.
• Potential attendance in a drug and alcohol education program.
• Potential reinstatement license requirement of an installation of an ignition interlock device.
• License suspension of one year with a potential for a restricted license with an authorization from the court, purchase of SR22 Insurance, payments of license fee and completion of the driver’s license examination.

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Connecticut drunk driving laws state that a person is considered under the influence if their blood alcohol content or BAC is above the legal limit of 0.08%. Drivers with an illegal BAC or can be arrested without any direct evidence of impairment. Drivers may also be

arrested for driving under the influence if their ability to drive is “affected by an appreciable degree.” Evidence to support impairment is required if their BAC is below the legal limit. Younger drivers may also be arrested for drunk driving if they are operating a motorized vehicle with a blood alcohol content of 0.02% or more.

DUI laws are in enforced on highways, roads and the operator’s property and drivers can be charged operating a variety of motorized vehicles.

Administering a BAC Test in Connecticut

Many drivers who are stopped for drunk driving in Connecticut are curious about the authority of the police officer to administer a blood alcohol content test. Drivers also may be unaware that they have given their implied consent to submit to a BAC test if asked to do so by arresting officers.

A driver’s BAC can be legally measured by administering a blood, breath or urine test. Under Connecticut state laws the police officer has the choice of which test to administer.

Can the BAC test be used in court?

There are very specific requirements which must be met for the state to be able to submit the blood alcohol content test as evidence in the driver’s criminal trial.

1. Drivers have the legal right to be given a “reasonable chance” to call a DUI lawyer prior to submitting to the BAC test.
2. The driver must be sent a copy of their test results (the results can be hand-delivered or mailed).
3. The police officer must administer the test themselves or at their direction.
4. The testing procedures must follow the standards and requirements outlined by the Connecticut Department of Public Safety.
5. All testing equipment must meet the compliance standards outlined by the DPS.
6. The officer must administer another test of the same type within 30 minutes of administering the first test. Exceptions exist if the officer believes the driver may be intoxicated with drugs; in this case they may administer a different BAC test.
7. The BAC must be instigated within 2 hours after the time of the alleged offense.

What happens if I refuse the BAC test?

If you have refused the BAC test you will face automatic administrative penalties which are enforced by the Department of Public Safety and suspension of your driver’s license are imposed regardless of whether or not you are ultimately convicted of drunk driving.

Evidence of your test refusal can also be used in court, assuming the correct procedures were used. The court will notify the jury what they should and should not consider from the driver’s refusal.

Hiring a DUI lawyer in Connecticut

Drivers arrested for DUI should contact a DUI lawyer immediately. If you refused the BAC test or if you failed the test you are facing immediately penalties from the Connecticut DPS. DUI fines and penalties are also severe if you are convicted of DUI.

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Drivers convicted of drunk driving  in Illinois will face very severe DUI penalties and high DUI fines. A driver recently asked what would happen to their Illinois license if they were convicted of a fourth DUI but they were arrested in another state.

Illinois is part of the Drivers License Compact which is an agreement first created in 1961. This agreement, which all but five states (Georgia, Massachusetts, Michigan, Tennessee and Wisconsin) participate in, means that if you have been arrested in Wisconsin, for instance, but you reside in the state of Illinois, Illinois will be notified of your fourth DUI arrest and if you are convicted you will face a loss of driving privileges in the state of Illinois.

Penalties for Fourth DUI in Illinois

Drivers arrested and convicted of a fourth DUI in Illinois can expect to be charged with a Class 2 Felony conviction. Drivers who had a blood alcohol content which was above 0.16% or higher will pay mandatory fines of at least $5,000. Drivers who were transporting a child under the age of 14 will pay a fine of $25,000 and will have to perform 25 days of community service which benefits children.

General DUI penalties for a fourth DUI in Illinois will include significant time in prison, probation, mandatory attendance in a drug or alcohol education course, and a license revocation.

What happens to my driver’s license after 4^th DUI in Illinois?

Although most drivers who are arrested in Illinois for DUI will have to install an ignition interlock device and may be allowed to reinstate their Illinois driver’s license, for 4^th time drunk driving offenders this will not be an option.

If you are convicted of a 4^th DUI in Illinois you may be out of chances and your may have your driver’s license privileges revoked for life without any relief. It is important to talk to a DUI lawyer familiar with the laws of Illinois.

Keep in mind, the court will classify you and your dependency to alcohol and this classification will determine what you will need to do to reinstate your driver’s license. For instance, if you have had 3 or more drunk driving arrested in Illinois within the last 10 years the court will classify you at least as a Level III nondependent. The classification could be worse if you have more than 3 symptoms of dependency as determined by an evaluator in your alcohol treatment program.

Some drivers may have the legal right to request a restricted driving permit which is issued by the Secretary of State. This permit will allow you to drive to and from work, to attend AA meeting, medical appointments and attend school. Restricted permits must be used for many months prior to requesting a license reinstatement. As mentioned above, many fourth time drunk driving offenders in Illinois will not be eligible for a license reinstatement.

What should I do following a DUI arrested for a fourth DUI in Illinois?

The first thing to do is talk to a drunk driving lawyer. Generally, for a felony DUI you will have to appear in court for all stages of the DUI legal proceedings. DUI lawyers can review the details of your case and explain that a DUI conviction may result in a minimum sentence of 180 days in jail to three years in state prison.

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Getting arrested by police and charged with DUI is a terribly difficult situation when it happens in your home state, but when you receive a DUI in another state your problems are multiplied. You may be tempted to just plead guilty and move on, or simply drive back to your home state vowing to never again step foot in that state, thinking the penalties of the DUI will not follow you home. Be warned: A DUI conviction and its’ penalties can be effective in the state you were arrested in and your home state.

Should I hire a DUI attorney?

You will face all of the same penalties and procedures as if you were a resident of that state. Although each state has its own unique DUI laws and statutes, you will likely face two court proceedings. One is the criminal case against you and the other is the revocation of your license through an administrative license suspension. An experienced DUI attorney can look at the specifics of your DUI case and guide you through both of these procedures.

One of the main benefits for hiring an attorney is that he can appear on your behalf in court. DUI proceedings can generally take anywhere between two months and one year to resolve. It can get expensive and burdensome to travel back and forth every time you are scheduled to appear in court or at the Department of Motor Vehicles (DMV). You could recoup some of what you pay in attorneys’ fees and save yourself a lot of stress and loss of personal time by hiring a DUI attorney to assist you.

In which state should I hire my DUI attorney?

As stated previously, each state has its own DUI laws and penalties. They could vary widely. An attorney from the state where your DUI will be prosecuted will be an expert in that state’s laws and could have invaluable relationships and knowledge of the courts and how they work. These things could be vital when it comes to dealing with the Prosecutor on your behalf and working out an agreeable plea bargain. A skilled attorney can make sure any alcohol education programs or community service be performed in your home state.

One more item for consideration: an in-state DUI attorney will know about any diversion programs that could get you out of a potential conviction.

What happens if I go back to my home state and ignore the drunk driving charge?

Due to the Interstate Driver Compact, 45 of 50 states share information regarding all driving related offenses, including DUI. This means that a DUI conviction in one state will follow you to your home state. You will lose the privilege to drive in both states.

If you fail to appear in Court, a warrant for your arrest will be issued. Some states, upon finding the warrant will not allow you to renew your license or even arrest you and force you to go back and handle the issue. If you fail to follow through on the terms of your plea agreement then you could also be taken into custody.

Being charged with an out-of-state DUI is definitely a hassle. Don’t compound the problem by entering a quick guilty plea or burying your head in the sand and running back home, hoping it will all go away. Protect your rights by hiring an experienced DUI attorney in the state where you were arrested.

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Serving in the United States Armed Services is an honor to those who serve but it is not for everyone.  Passing the Armed Services Vocational Aptitude Battery (ASVAB) and enduring the rigors of boot camp can be a backbreaking process that is intended to weed out those who do not have the mental or physical attributes needed to serve.  But an arrest for Driving Under the Influence (DUI) of drugs or alcohol can just as easily disqualify someone for duty in the armed services.

Moral Standards of the Military

The military in general expects its men and women to exhibit a certain moral standard.  The purpose of requiring that those entering the military have a certain moral standard is to help minimize the disciplinary actions the military has to address, to decrease the likelihood individuals will pose a security risk, and to improve the overall order in the military.  These moral standards may therefore disqualify the following types of people from service:

• Those with felony criminal convictions
• Those who are still serving out the punishment of a criminal conviction, including those in jail, on parole, and on probation
• Those who have been previously discharged from military service under dishonorable conditions
• Those with certain beliefs or social behavior that makes them a poor fit with other military personnel

Impact of a DUI on Military Service

Given the moral standards of the armed services noted above, if you receive a DUI just before entering the service or while in boot camp, the DUI definitely has the potential to affect when you can continue your military career or even if you are allowed to do so.

Those arrested and charged with DUI may be convicted of either a misdemeanor or a felony depending on the circumstances of the DUI.  Whether a DUI charge is a misdemeanor or a felony depends in part on how many prior DUI arrests you have had and if the person caused serious bodily injury or death while DUI, as well as possibly other factors related to the specific DUI arrest.

If your DUI is ruled a misdemeanor, you have a much greater chance of being able to continue your military career in the short term.  It may even be possible for your defense attorney to attend any DUI-related court appearances on your behalf or file a continuance in the case until you are available to attend in person.

But if your DUI is ruled a felony, then continuing to serve in the armed forces will be much more difficult.  At a minimum you will very likely need to complete any sentencing related to the charges and be able to demonstrate for a sufficient length of time that you can function in society while staying out of further legal trouble.  Even then, there is no guarantee the military will accept you for further service.

Hiring a DUI Defense Attorney

The information above should not be considered legal advice.  But if you receive a DUI while in the process of entering into the armed services, you need to speak with a DUI attorney or a criminal defense attorney about your situation.  While there is the possibility of continuing your military career if you receive a DUI, there is no guarantee that this will be the case for everyone.  There are simply too many variables from case to case to know for certain the likely outcome without working with an attorney who is experienced in similar matters.

You are not the first person who has received a DUI while entering into the armed services.  A DUI or criminal defense attorney will have the experience from working with others in your situation, can evaluate the seriousness of your charges, and explain the military implications to you based on the specific circumstances of your DUI arrest and charges.

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