The wheels of justice turn slowly. These matter may take 6 months to several years to resolve depending on the jurisdiction and complexity of the case.
If you are going to sleep in your car, make sure the engine is not running or sleep in the passenger seat so that an officer cannot mistake you for “operating” a vehicle. It essentially becomes your word versus the Officer’s word.
Some probation sentences require 3-10 days in the county jail as a condition of probation.
A .08 blood alcohol level means the concentration of alcohol in a citizen’s blood stream. However, because alcohol is absorbed into the blood stream and then eliminated, a person’s blood alcohol level may be different at the time of driving than at the time of the chemical test.
A DWI arrest and conviction will stay on a citizen’s criminal history forever. The only way to have a record expunged is if the case was dismissed or if the case was won at trial (an acquittal).
A first time DWI charge is a Class B Misdemeanor, unless breath or blood was provided and the results were .15 or greater; then it becomes a Class A Misdemeanor. Second time DWI Charges are Class A Misdemeanors. Three or more DWIs are charged as felonies if the previous two DWIs can be proven. If you are convicted of a misdemeanor DWI, you are not a convicted felon in the United States. However, Canada does consider any level of DWI as a felony and will refuse entry into their country.
A citizen may ask for an attorney at any time. While he or she may not be able to contact one, the request alone blocks law enforcement from further questioning of the citizen.
As a passenger, sit tight and remain quiet. An investigating officer may ask you how much the driver has had to drink. Snitching on the driver will not keep you from being arrested. Typically, an officer will allow the passenger to call for a ride home from the scene. Public Intoxication is if a citizen is in public and becomes a danger to himself/herself or others as a result of being intoxicated
An occupational or restricted driver’s license may be issued from a court to allow a citizen to legally drive during a suspension period. An occupational license is not only to and from work, but may be used to run house-hold errands and/or attend spiritual services on Sundays. Each license varies from case to case.
No. A citizen has 15 days from the date of arrest to appeal the suspension or 40 days from the date of arrest before the suspension begins.
If you refuse a chemical test, your driver’s license privilege MAY be suspended, but this issue can be ap-pealed. Hire a lawyer immediately as to not miss any time sensitive deadlines in appealing the suspension.
You do not have to let the Government have samples of your blood or urine. If they want it, they can get a warrant for it.