1st Stop in DWI Arrest for Having a Rising Blood Alcohol Level
DWI (Driving While Intoxicated) is a grave offense not only in California, but other states. The penalties are severe since operating an automobile while intoxicated with alcohol or other drugs like marijuana and cocaine can cause death, injuries and damage to properties.
Whereas DWI is categorized as a misdemeanor, it can also be classified as a felony hinging on the scenario surrounding the crime as well as prior DWI convictions. It is for this reason that you need to hire a drugs crimes attorney like Christopher J McCann with experience in DWI offenses the instant you have been detained for driving a vehicle while intoxicated.
DWI 1st Offense Defined
There are generally two components to DWI first offense. Foremost, the prosecuting attorney will take into consideration the intensity of impairment. Normally, the degree of impairment can be determined by performing field sobriety tests. During the test, the arresting officer will keep tabs on how slurred your speech is, your behavior and the odor emanating from your mouth. If you display signs of a mentally impaired person due to drinking or smoking marijuana, you can be arrested and indicted for DWI.
The other component of DWI first offense is the results of blood alcohol concentration. This can be determined by testing your blood, breath or urine. If your blood alcohol or drug concentration exceeds 0.08%, you will be arrested for driving an automobile while intoxicated with either alcohol or marijuana.
Prosecution for DWI
The manner in which your DWI case will be prosecuted hinges on several aspects, for example, age and blood alcohol concentration level. Damage to property and prior convictions will also determine how your case will be handled. If there are no injuries, fatalities or damage to property and this is your first DWI offense, the prosecuting attorney will mainly depend on the outcomes from the chemical testing.
Penalties for DWI
The penalties for DWI can vary from suspension of your driver’s license for a period of 4 to 12 months depending on whether or not you cooperated with the arresting officer. You can also serve jail term ranging from 96 hours to six months hinging on whether or not there were damages to property and injuries.
If you have been charged with DWI as a 1st offense, it is essential that you call an experienced lawyer like this guest post author Christopher J McCann, in order to try and minimize the penalties that can be handed down to you.
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