DWI Information
Though this varies according to the laws of the state and the customs of the local jurisdiction, penalties have become very tough in the past few years. Generally speaking, a conviction for a first offense may involve a fine, a license suspension or restriction, attendance at a DUI education course for a period of time, and probation for perhaps three years. A short jail sentence may or may not be required; for a second offense, it almost certainly will. Additional punishment may involve community service, ignition interlock devices and/or impounding of the vehicle.
DWI Information
The law on this varies from state to state. As a general rule, however, there is no right to an attorney until you have submitted to (or refused) blood, breath or urine testing. In some states, there is a right to consult with counsel upon being arrested or before deciding whether to submit to chemical testing. Of course, this does not mean that you cannot ask for an attorney.
DWI Answers
You cannot be forced to take the blood, breath, or urine test, but refusing can result in a variety of harsh consequences. Generally, there are three adverse results: (1) Your driver's license will be suspended for a period of time, commonly three, six or twelve months. This is true even if you are found not guilty of the DUI charge. (2) In some states, refusal is a separate crime; in others, it adds jail time to the sentence for the DUI offense. (3) The fact of refusal can be introduced into evidence as "consciousness of guilt". Of course, the defense is free to offer other reasons for the refusal. Thus, the decision is one of weighing the likelihood of a high blood-alcohol reading against the consequences for refusing. |
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