DUI Blog

California drunk driving laws define “driving under the influence” or DUI as being “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. San Jose drivers can also be arrested if they are operating a motor vehicle with a BAC (blood alcohol concentration) of 0.08% or higher. San Jose drivers under the age of 21 can be arrested and charged with DUI if their BAC is 0.02% or higher. Drivers with a BAC over the legal limit do not have to show signs of mental or physical impairment to be arrested. San Jose police officers can establish probable cause for a driver’s arrest through observation, chemical tests (blood, breath or urine) or through a field sobriety test.

Hiring a San Jose DUI Lawyer

Drivers who are arrested for DUI must be proven guilty beyond a reasonable doubt. If the arresting officer did not have probable cause to stop the driver or the chemical test was not performed properly, the evidence can be challenged. DUI law can be complicated, and it is important to find a California criminal defense lawyer who specializes in defending DUI cases. A San Jose DUI attorney can help any driver who has been arrested in Santa Clara County or through out Northern California. Does the California attorney you are considering have the right experience, knowledge and training to defend you against your DUI charge? You do not have to fight this charge alone; San Jose DUI lawyers can help.

San Jose DUI penalties

First DUI Conviction in San Jose

San Jose drivers can receive a variety of penalties for their first DUI arrest including:

·         Required jail stay for a minimum of 48 hours

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1400 – $1800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days. The court may allow certain fines to be discharged by performing community service

·         The courts will require the San Jose driver to complete a 3-6 month drug and alcohol program

·         The San Jose driver’s license will be suspended for 10 months but the court may allow a restricted license for travelling to work or school

Second DUI Conviction in San Jose

·         Required jail stay for a minimum of 96 hours

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1800 – $2800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days.

·         The courts will require the San Jose driver to complete a 18 month drug and alcohol program

·         A driver’s license will be suspended for 18 months but the court may allow a restricted license for travelling to work or school after 12 months

Third DUI Conviction in San Jose

·         Required jail stay for a minimum of 120 days

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1800 – $2800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days.

·         The San Jose driver’s license will be suspended for 18 months to 3 years

·         The San Jose driver must install an Ignition Interlock Device on their car

If you have been arrested for DUI in San Jose, California, it is important to find a San Jose DUI lawyer who can help you establish a successful defense against your drunken driving charge. No DUI attorney can guarantee success, but choosing a skilled and knowledgeable DUI lawyer is the first step to protect your self. Do not plead guilty with out consulting a San Jose DUI attorney and finding out what DUI penalties you may receive and the legal defenses which may be available to you.

Dallas drivers may be arrested for driving while intoxicated or DWI if they do not have normal use of their physical or mental faculties due to ingesting alcohol or drugs or if their blood alcohol concentration (BAC) is 0.08% or higher. Dallas drivers who are under the age of 21 can be arrested for DWI if their BAC is 0.08% or higher.

Drivers who are arrested for DWI in Dallas can face a variety of severe penalties. Penalties will vary based a driver’s criminal background and whether or not other individuals were injured or killed. Hiring a Dallas DWI lawyer can ensure a Dallas driver has the right DWI defense. Dallas criminal defense attorneys vigorously defend their client’s legal rights and try to eliminate or reduce the consequences of a DWI arrest.

Call a DWI lawyer immediately if you need information about current Texas DWI laws or you want someone to defend you against your DWI charges.

Penalties for DWI in Dallas

General information is listed below for the penalties for drunk driving in Dallas. DWI laws are created and passed at the state level so Dallas DWI laws will be the same as other cities in Texas. Dallas drivers should contact a Dallas DWI lawyer for more information about their specific case.

First DWI Conviction

Class B Misdemeanor

• Drivers can be required to pay a fine up to $2,000
• Drivers can be required to do at least 24 hours and up to 100 hours of community service

Second DWI Conviction

• Drivers can be ordered to install an Ignition Interlock Device in their car
• Drivers can be required to pay a fine up to $4,000
• Drivers may be sentenced to no less than 72 hours up to 1 year in jail
• Drivers may be required to do community service of 80 hours up to 200 hours
• Drivers may have their license suspended for at least 80 days but less than 2 years

Third DWI Conviction

Third Degree Felony

• Drivers can be fined up to $10,000
• Drivers may be required to spend 2 to 10 years in prison and required to have an Ignition Interlock Device installed in their car as a condition for their bond or release
• Drivers must perform 160 hours to 600 hours performing community service
• The driver’s license must be suspended for 180 days to 2 years

In addition to the penalties listed above the DWI court may order the Dallas driver to complete an alcohol or drug treatment program.

Hiring a Dallas DWI lawyer

Dallas drivers who have a Texas license have given their implied consent to submit to a chemical test (blood, breath, urine) if requested to do so by a Dallas law enforcement officer. Refusing to take a chemical test or failing a chemical test can result in a license suspension. Dallas drivers who have lost their license may schedule an administrative hearing with in 15 days of their arrest to fight their license suspension. Dallas DWI lawyers can help schedule the hearing and represent a driver at their hearing as well has request an Occupational Driver’s License (if the license is suspended).

DWI attorneys can review your DWI arrest, make sure there was probable cause to arrest you, ask questions and evaluate every aspect of your DWI case. Before pleading guilty, learn about DWI laws and your legal rights in Texas. Dedicated DUI/DWI criminal defense lawyers understand what drivers are going through and will do their best to defend a driver throughout the DUI criminal process.

If you have been arrested for a DWI in Texas, it is important to contact a Texas DWI lawyer immediately. This is no time to try and handle things yourself. A DWI can have long-term legal consequences. If you are charged with a crime it can drastically affect your future. Community service, fines, probation or a jail sentence are all real possibilities without the right DWI attorney.

DWI lawyers will provide an initial review of your DWI charge and in most cases, the first appointment is free. DWI lawyers understand Texas DWI laws are more likely to get you a favorable outcome in your DWI case. A DWI attorney can help research your DWI incident, prepare your DWI case and help file any necessary DWI paperwork. If you are convicted of a DWI you could face:

• Penalties and fines
• Potential jail time
• An increase in your insurance cost
• Driver’s license suspension

For a DWI in Texas, call a DWI lawyer. We may not be able to eliminate all of the expense and inconvenience of the drunk driving arrest, but we can help.

What is a DWI?

Texas DWI laws define a person as legally intoxicated if they do not have the normal use of their mental or physical faculties due to drugs, alcohol or a combination of both substances. Intoxication also can occur if an individual has a blood alcohol concentration of 0.08 or more.

Penalties for DWI in Texas

• First offense- An individual can be convicted for a DWI if the state can prove they have lost their physical or mental faculties or their blood alcohol level is greater than 0.08. The first DWI offense is considered a Class B Misdemeanor and carries penalties of up to 180 days in jail and a fine up to $2,000. The proceedings are generally held in the County Court. Community service will be assessed for at least 24 hours but not to exceed 100 hours.

• Second offense – If an individual is arrested a second time for a DWI, there must be a condition of release ordered by the court. This can include installing a deep lung machine on the car. Additionally, a fine up to $4,000 is required, jail confinement of no less than 72 hours or more than one year of community service. A judge can require the offender to serve at least 80 hours of community service but no more than 200 hours. The offender may also have their license suspended for at least 80 days but less than two years.

• Third offense – If an individual is convicted of DWI for a third time it is considered a third degree felony. They can be fined up to $10,000 and confined to prison for two to ten years. After conviction and release from prison, a deep lung air device is usually ordered as a condition of bond or release. Community service must also be completed for 160 to 600 hours and their driver’s license is suspended for 180 days to 2 years. The judge may also order a variety of alcohol treatment programs.

Common Questions about DWI arrests

• Do I need to hire a Texas criminal defense lawyer?

You should hire a Texas defense lawyer as soon as possible. A hearing request must be scheduled within 15 days of your DWI arrest. Failing to schedule the hearing or hire an attorney will waive your rights to fight against a license suspension.

• What do I do if my license is suspended and I need to get to work?

Most Texas defense lawyers can help get you an Occupational Driver’s License even if your license has been suspended. This type of license will allow you to travel to and from your job.

• What is the difference between DUI and DWI in the state of Texas?

Not all states use the same terms, but in the state of Texas driving while intoxicated means a person is operating a motorized vehicle while intoxicated by drugs, alcohol or a combination of both. Texas law uses the term DUI or driving under the influence to define an offense for anyone under the age of 21. If anyone under the age of 21 is operating a motor vehicle and an officer detects alcohol, they could be charged with a DUI.

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. The term DUI is not commonly used in the legal system in New York State. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The word “intoxicated,” in New York, refers to a motorist whose alcohol has rendered physically and mentally incapable of driving a vehicle in a reasonable and prudent manner. The use of DUI and DWI can be interchangeable, but DWI usually refers more to the severity the drug has metabolized within the offending person’s body. The blood alcohol content (BAC) for the offending motorist to be labeled as DWI is .08%.

New York complicates the meaning of the term by introducing another term named Driving While Ability Impaired (DWAI). The word “impaired” means that a motorist’s physical and mental abilities necessary to operate a vehicle in a reasonable and prudent manner have been actually impaired, to any extent, by alcohol. This term is closely related to DWI because it deals with the amount of alcohol that has been absorbed in the offenders blood stream. For a DWAI offender to be convicted, they must must leave the perception their BAC is at least .05% and less than .08%. DWAI is prosecuted as a “common”law and carries a lesser charge than DWI, which is prosecuted as a “per se” law. In New York, a person accused of DWI immediately has their license suspended, but if they are accused of DWAI, they will be able to drive until they have been convicted.

Like most states today, first time convictions of any act involving driving and the use of drugs in New York carry severe consequences. Either a DWI or DWAI conviction can result in high fines, jail sentences, surcharges on top of fines called Driver Responsibility Assessment, license suspension, issuance of a conditional license, participation in the Drinking Driver Program (DDP), vehicle impounded, probation, and community service.

According to the Buffalo News, City & Region, dated August 14, 2009, twelve DWI arrests were made in Western New York on June 6, 2009. Arrests were made in Buffalo, Batavia, Alden, Darien, Cheektowaga, Amherst, and Newstead. The charges ranged from DWI to felony DWI. Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who specializes in such cases. Contact us today to help you get in contact with an attorney who can help you understand the subtle differences in the legal jargon of New York law, and who specializes in representing YOUR best interests.

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

Wyoming, in its Vehicle statute 31-5-233, adds a little complication to the terms by combining them. Around the legal circles of the state, the acronym DWUI is sometimes used. This term simply means, as described in the statute, “driving or having control of vehicle while under influence of intoxicating liquor or controlled substances.”

Convicted first time offenders can receive jail time, stiff fines, community service, probation along with mandatory attendance of a drug education program, and license suspension. If you get probation, you are not sentenced, and the result does not go on your record if you successfully complete the court mandated education or treatment program. You are allowed probation only one time. A conviction without probation stays on your record permanently.

According to a news article posted in the Casper Star-Tribune on January 20, 2009, the state legislature in Cheyenne has been considering a bill that would adopt ignition interlock devices being placed on the automobiles of first time DUI convicted offenders for one year. The article quoted Representative Debbie Hammons, D-Worland, as saying “the mandatory devices have been shown to be effective in achieving results in the battle against drunk drivers in seven or eight other states.

Every community in the state has problems with drunken driving. This is an aggressive step to do something about it.” Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who specializes in such cases. Contact us to help you get in contact with a DUI lawyer who can help you understand the subtle differences in the legal jargon of Wyoming law, and who specializes in representing your best interests.