DWI FAQ

What is a DWI?

DWI is a two part law.  This means that you can be convicted under one of the following two sections of law.

1.    It is unlawful 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 was eight-hundredths (0.08)

 

What does intoxicated mean?

Intoxicated means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof, to such a degree that the driver's reactions, motor skills, and judgment are substantially altered and the driver, therefore, constitutes a clear and substantial danger of physical injury or death to himself and other motorists or pedestrians;

 

Does it matter that the drug was prescribed to me?

No, but it does matter what the drug is.  Many prescribed drugs are not schedule I-VI drugs and therefore, do not fall under the DWI statute. Controlled Substance is a drug, substance, or immediate precursor in Schedules I through VI. The fact that any person charged with a violation of this act is or has been entitled to use that drug or controlled substance under the laws of this state shall not constitute a defense against any charge of violating this act.  This statute includes both legal and illegal drugs.

 

Can I get a DWI if I wasn’t driving?

Ironically there is no requirement for driving to get a driving while intoxicated charge. The law states you must be in actual physical control of the vehicle.  The Courts have determined that to mean having the keys in the ignition, whether the vehicle is running or not. Generally, the police will attempt to prove physical control by asking if you have been driving or by other circumstantial evidence.  The law has become very muddled with this element of the crime.  If you have a specific question you should contact our office so one of our attorneys can determine if it applies to your case.

 

Can I get a DWI if I was not on public roadway?

There is no requirement that you operate the vehicle on a public roadway.  Many people have gotten DWI’s on private property.  This does, however, bring up a new issue of whether the police had the authority under Rule 3.1 or 2.2 to actually come into contact with you.  Call our office and speak with an attorney to determine if your specific facts allow for a defense.

 

Is a four wheeler a motor vehicle?

A vehicle is defined as every vehicle which is self propelled and every vehicle which is propelled by electric power obtained from overhead trolley wire but not operated upon rails.  This would include four wheelers, cars, trucks, electric wheel chairs, golf carts, etc...

 

Can my DWI be pled down to a careless driving?

Yes and No.  State law prohibits reducing a DWI.  You must go to trial or plead guilty.  Federal law does not have the same prohibition and in some instances you may be able to plea to a reduced charge.

 

What are the penalties for DWI?

Aside from the embarrassment, increased insurance premiums, and possible interference with employment and professional licensure, in State Court you can look forward to:

1st Offense

• 24 hours to 1 year in jail
• $150 up to $1,000 fine
• $300 Court Costs
• Alcohol education class
• DL suspension for 120 days if BAC is .08-.14; 6 months if intoxicated by alcohol or drugs; 180 days if .15 or higher
• .15 or higher, commercial license, or refusal results in no work permit.  This section has been changed!!!  If your arrest was after July 31st, 2009 the suspension period is 6 months regardless of BAC

2nd Offense

• 7 days up to 1 year in jail
• No less than $400 up to $3,000 fine
• $300 Court Costs
• Alcohol Education Course
• DL suspension for 24 months with no permit, however, an interlock is available after 1 year.  This section has been changed by the Legislature!!!  If your arrest was after July 31, 2009 you would be eligible for an interlock after 45 days.

3rd Offense

• 90 days up to 1 year in jail
• $900 up to $5,000 fine
• $300 Court Costs
• Alcohol Education
• DL Suspension for 30 months with no permit, however an interlock is available after 1 year.  This section has been changed by the Legislature!!!  If your arrest was after July 31, 2009 you would be eligible for an interlock after 45 days.

4th Offense - Felony

• 1 year up to 6 years in prison
• up to 10,000 fine
• $300 Court Costs
• Revocation of DL for 4 years
• Alcohol Education

 

Can I get a work permit?

If you are charged with your first DWI, had a blood alcohol level of less than .15%, and did not refuse the test you should be able to get a work permit to get to and from work, school, Court, alcohol education classes, and for emergency health care.  This section has changed!!! If your arrest was after July 31, 2009 you would now be eligible for an interlock regardless of BAC.

 

What if my blood alcohol concentration was over a .14%?

If your arrest was after July 31, 2009 it does not matter how high your BAC registered, you will only qualify for an interlock. If you were arrested prior to July 31, 2009 and you blew over a .14% you will not be able to get a work permit, but you may qualify for 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.

 

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.

 

What is an interlock device?

An interlock device is a machine hooked to your ignition that prevents your car from starting if you have a detectable amount of alcohol on your breath.  There are many local providers and the price for installation and monthly maintenance vary.