Are Penalties Different if an Accident is Involved?
When DWI affects others on the road
Serious consequences can arise for a DWI conviction in Rochester. According to the New York State Unified Court System, the penalties for a first DWI conviction include:
- A misdemeanor criminal charge
- No more than $1000 in fines
- Up to one year of jail time
- License revocation for 6 months
- Up to 3 years probation
- Attendance at a driver impact panel
If a drunk driver causes an accident, the charge is escalated from DWI to aggravated DWI, which entails more severe punishments, if convicted:
- Minimum one-year license revocation
- One year of jail time
- 3 years probation
- Up to $2500 in fines
- Impossibility of reduction of charges
- Mandatory felony charge on second aggravated DWI offense
When a death occurs
If a passenger, pedestrian, or other driver is killed in an accident, the driver is either charged with DWI and felony charges for vehicular manslaughter or criminally negligent homicide.
Rochester DWI accidents and fault
Causing an accident while driving under the influence leads to severe personal and financial consequences. Claims against a drunk driver could potentially cost millions of dollars, not to mention an increase in insurance rates. It is crucial that you seek representation from a DWI attorney in Rochester immediately.
If you are charged with a DWI and are involved in an accident, consult with a Rochester DWI lawyer, who can defend you and protect your rights.
Is A Greensboro DWI Arrest a Felony or a Misdemeanor?
The words felony and misdemeanor sound frightening even if they do not apply to you. But what if you have experienced a Greensboro DWI arrest and one of these terms does apply to you? What do you really know about how you will be charged?
According to federal law and the experience of Greensboro criminal lawyers, the term felony applies to an offense that is punishable by death or by imprisonment of more than a year. The term misdemeanor applies to an offense that is punishable by imprisonment of one year or less.
Ordinarily, first-time DWI offenders are charged with a misdemeanor rather than a felony. However, there are exceptions to this rule and they depend on the circumstances surrounding your arrest. The charge may be changed to a felony offense if:
- Someone other than the driver suffered injuries or trauma as a result of the driver’s actions
- Someone other than the driver was killed as a result of the driver’s actions, in which case the offense may be reclassified as a reckless homicide
- The driver has been a habitual offender, committing multiple DWI offenses within a specified time frame
Because the situation and details surrounding your arrest can make a big difference, it is important to fully understand the significance of the charges against you. It is in your best interest to hire a lawyer in Greensboro who is well versed in the DWI laws of North Carolina.
It is important to contact your attorney or drunk driving attorneys in Greensboro as soon as possible after arrest. While you may still receive a DWI conviction, jail time, and/or penalties and fines even when you have a qualified attorney involved, it may be possible to minimize the sentence that is imposed.
The Clifford Division of Clifford Clendenin & O’Hale is experienced in DWI representation as well as all facets of criminal defense. Call them today, toll free at 877-645-2354.
The Differences between DUI, DWAI, and DUID in Colorado
Driving under the influence (DUI), driving while ability impaired (DWAI), and driving under the influence of drugs (DUID) are each viewed differently by the state of Colorado. The following are explanations of the legal differences between these conditions.
Driving under the influence (DUI)
DUI refers to driving a motor vehicle after consuming alcohol, one or more drugs, or a combination of alcohol and drugs. In a DUI, the driver is substantially mentally and/or physically incapable of using clear judgment, sufficient control, and safe vehicle operation. A DUI per se indicates that the driver was driving with blood or breath alcohol content (BAC) of .08 or greater.
Driving while ability impaired (DWAI)
DWAI refers to driving a motor vehicle after consuming alcohol, one or more drugs, or a combination of both where it affects the driver to the slightest degree. In a DWAI, the driver is physically and/or mentally less able than an ordinary driver in terms of using clear judgment, sufficient control, and safe vehicle operation. You are considered to be driving while ability impaired if your blood or breath alcohol content is .05 or greater.
Driving under the influence of drugs (DUID)
DUID refers to driving under the influence of drugs. It is charged as above—either as a DUI or DWAI, depending on how incapable the driver is made by the drug use. Testing for DUID is more difficult than testing for alcohol. A breath test does not measure drug use and urine tests are typically not very accurate, which is why the statute allows the officer to require you to take a blood test.
Both DUI and DWAI are defined under Colorado Revised Statute § 42-4-1301 (West 2010)
Comparison of penalties
Because DUI involves more extensive drug or alcohol abuse than DWAI (as observable by the greater difficulty in driving), a first DUI offense carries much stricter penalties than a first DWAI offense. Penalties for the two offenses compare as follows:
First DUI offense
- Jail: five days − 365 days
- Fine: $500−$1,000
- Public service: 48 hours−96 hours
- License suspension: nine months
- Jail possibly suspended for alcohol treatment program and probation
First DWAI offense
- Jail: two days −180 days
- Fine: $200−$500
- Public service: 24−48 hours
- License suspension: none
- Jail possibly suspended for alcohol treatment program and probation
Colorado also has enhanced DUI penalties for drivers whose BAC tests over .20.
Get legal help to avoid DUI, DWAI, or DUID conviction
An experienced Colorado DUI attorney can discuss the circumstances of your arrest and determine the best defense strategy to avoid conviction. Many defenses are available, including challenging reasonable suspicion for the stop, probable cause for arrest and the accuracy of BAC testing.
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