What is a DWI?
DWI is a two part law. This means that you can be convicted under the one of the following two sections of law.
1.It is unlawful and for any person who is intoxicated to operate or be in actual physical control of a motor vehicle.
2.It is unlawful for any person to operate or be in actual physical control of a motor vehicle if at that time the alcohol concentration in the person's breath or blood (BAC) was eight-hundredths (0.08)
What is the difference between a felony and a misdemeanor?
Misdemeanors are usually crimes which the Courts may give a penalty of no more than 1 year in the county jail and no more than $2500 fine. There are actually 4 classifications of misdemeanors. A class A misdemeanor, class B, class C, and an Unclassified misdemeanor. These cases are usually handled in District Court.
Felonies have a penalty range from 0-life in prison and fines that can exceed $100,000 in certain cases. There are several classifications of felonies. Class Y felony, class A, class B, class C, class D, and unclassified felonies. Each carries different penalties. These are resolved in Circuit Court. To find out more contact an attorney at our office and we will explain what it means to you.
What if I refused to take the test offered by the officer?
If you refused the test you will not be able to get a work permit, but you may be able to get an interlock device. The advantage of an interlock device is that you can drive anywhere at anytime. The disadvantage is that it can be very embarrassing and has an initial setup cost and a monthly maintenance fee. However, you will not be able to get an interlock if your offense involved drugs and you refused the officer’s request to take a test. Call one of the Collins Law Firm attorneys to find out about your rights concerning your license.
