Driving While Intoxicated Charges

Driving While Intoxicated Charges

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Attorney Christopher J McCannGuest post on driving while intoxicated charges

If you have or know someone who has been arrested for a DUI, you may be wondering; what are the driving while intoxicated charges? These vary depending on the state, but we wanted to share with you some examples and ideas of what charges could be awaiting. There are very few states that are lenient on these charges as DUIs have become very common with about 10,000 accidents involving driving while intoxicated fatalities only a few years ago.

The first law to be aware of that can lead to driving while intoxicated charges is the criminal alcohol law. Again we want to emphasis that these scenarios are in a state by state basis. If convicted of a DUI or alcohol offense there are points put against the driver’s record. Depending on the total points allowed per state, this may result in the license being revoked or suspended immediately.
If the blood alcohol level is over the legal limit, the state may immediately suspend or revoke the administrative alcohol law. In most states this is an automatic suspension and can only be appealed and won through an administrative hearing.

There are also several differing degrees of driving while intoxicated in some states. The fourth DWI is a misdemeanor and is the first offense. This DWI can lead to up to 90 days of jail time. The third and second degree offense can be a larger fine and up to a year in jail. While the first is considered a felony and comes with harsher consequences, jail time and fines.

Immediately after being arrested for a DUI in California a copy of the notice of revocation or suspension is sent from the officer to the DMV. There is a 10 day window from the receipt of the order to request a hearing. Which you should do by pleading not guilty to DUI

If you have over 21 and failed the BAC test with a .08% or more you are looking at the following times of license suspension in California. First offense is a four month suspension and a 1 year suspension if it happens more than once in a ten year period.

A DUI is not a felony in most cases. If the accident caused bodily injury to the other person, it is a 4th or more DUI within 10 years or the person being charged already has a felony DUI on their record, then the driving while intoxicated charges could lead to a felony.
Facing any charges for a DWI or DUI can be a scary time for anyone. The fines, criminal record possibilities and charges brought against you are a lot to handle. Finding the advice of someone who knows the laws and systems is the recommended route for anyone facing driving while intoxicated charges. Each case is different and there are many ways to beat a DUI charge.

Don’t give up hope. Some examples of ways to beat the intoxicated while driving charges include, instrument malfunction, police error, radio frequency interference, errors in the chemical testing, and many outside environmental factors. These are just a few examples, experienced lawyers can look at your specific case and save you from the painful consequences and charges you may face.

Guest Post Author:

Christopher J McCann is a CA DMV DUI lawyer that helps those facing things like DUI warrant in California. You can follow him on twitter at @cjm_law_firm or read his blog posts on related topics like Orange County DUI sentencing alternatives

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