DWI and DUI Law

(Author: Brian Wellington | Article Views: 15 | Word Count: 541 | Published: Apr 4th 2008)

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Driving While Intoxicated (DWI), also known as Driving Under the Influence (DUI), is a serious crime in the United States. The laws concerning this offense vary from state to state, but in all cases, it is considered a major traffic violation in which the penalties will not be slight. Many people think of alcohol as the only problem in this category of law, but drugs can play a large role as well. Most drug DWI cases occur because the driver wants to stay awake to drive, but the drugs can cloud judgment as well, putting others and yourself at risk.

In most states, the severity of punishment will be partially determined by whether or not this is the offender’s first offense, and if there were any injures to other people. First time offenders are treated simply as a misdemeanor, only if no one was injured. If the behavior continues, however, the third offense is automatically considered as a felony. DWI law can be complex when other parties are involved. If another person is injured while driving under the influence, the offender has the possibility of facing heavy fines, jail time, community service, mandatory attendance of driver’s education classes or drunk driving classes, and in pretty much all cases, a suspension of his/her driver’s license. Such cases could be considered a felony, manslaughter, murder, or even assault with a deadly weapon, all of which are punishable with jail time.

Although these cases seem straightforward, if an accident is caused under the influence, the case could also be considered a civil suit, a criminal suit, or in a situation in which minor children were injured, reckless endangerment and failure to protect a minor. Heavy fines accompany all of these cases, which could then lead to even more jail time if bankruptcy needs to be declared.

These results may seem cruel, but because of the number of offenses over the years, and the dramatic effect that DWIs can have on people, most states have established harsh punishments for DWI crimes.

With all the possible accusations and punishments, it is clear that adequate representation is vital during DWI cases. Attorneys in the field of DWI/DUI law are able to gather all the necessary information to defend a case, interview witnesses more effectively, search for defeats in blood alcohol content analyzers, and have blood samples independently analyzed. In short, a DWI attorney will help sort through the legal procedures and help to protect one’s rights. Attorneys are trained in ways to help reduce the severity of fines and penalties that DWI offenses can accrue.
A DWI offense can affect one’s career and personal life in many different ways. A defense attorney that specializes in DWI cases, with a proven track record of success, is essential when taking on a case that deals with one’s freedom. Fines and penalties may still be high for committing a DWI offense, but an attorney may be able to reduce those penalties, as well as help one to understand all the charges being brought forth. The only sure way to avoid such situations, however, would be to drive responsibly.

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About the Author

A DWI and DUI attorney and lawyer in Rochester MN at the law firm of Patterson & Associates provides legal assistance related to DWI and DUI law.

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