It would be a good idea to try to get people who had been charged with DWI into different programs. They would usually still lose their license but at least they would not have to go to jail or have the DWI on their record.
For a first time offense, the person could apply for the program so that they could avoid the criminal penalties. Although they would not be able to avoid the administrative penalties. They would not lose their license for as long as they could get into the program.
How Do People Generally React To Being Charged With A DWI?
Most people know they should not be driving under the influence when they are caught for a DWI, so then they have to pay the price for that.
What Happens After The Arrest Until Final Sentencing In Court?
The officer would have to have probable cause to stop someone, so basically the person would have to have either committed a motor vehicle violation or there might be an issue with the person’s license, registration, the car or the way the person was operating the car.
Once the police have probable cause to pull the person over, it would basically be black and white. They would do tests by the side of the road to see if the person had been drinking, and they would make the person walk a line, they would look in the person’s eyes and they would smell the person’s breath.
They would administer the breathalyzer if the person failed the field sobriety tests, and in case the person failed the breathalyzer, they would arrest them, handcuff them, put them in the police car and bring them to the station. The person’s car would be towed, and they would give the person a bond so the person could bond themselves out.
The person would then have to go to court, and it would hopefully be the first time they had ever been arrested for these charges so they would be able to apply for the DUI program. Hopefully, if they were able to get in the program, then depending on the level of alcohol they tested for, they would have to do 10 or 15 classes and they would also have to pay the fee for the classes, which would be around $500.
A person who got into the program would be able to avoid the $500 to $1,000 fine and up to 6 months in jail with the mandatory minimum of two days or up to 6 months suspended with 100 hours of community service, although in any case, they would still lose their license. They would also have to have their vehicle equipped with an ignition interlock.
If they used the program and it was their first offense, then they would be looking at losing their license, a $500 to $1,000 fine, up to 6 months in jail with the mandatory minimum of two days, or 6 months suspended and probation requiring 100 hours of community service.
On a second conviction, the person might end up going to jail for up to 2 years, with the minimum mandatory of 120 days and probation, with 100 hours of community service. There would be a minimum $1,000 up to a $4,000 fine.
For a third conviction, it would be up to 3 years in jail with the mandatory minimum of one year in jail and probation, 100 hours of community service, a minimum fine of 2,000 and a maximum fine of 8,000. Furthermore, they would lose their license for a very long time.
The bottom-line is that people should not drink and drive, because there are alternatives means of transport such as Uber, taxies, relatives and friends, so there is absolutely no reason for anyone to drink and drive. Unfortunately, since public transportation is not really accessible in our area, people tend to consistently drink and drive.
The person could lose their job, especially if it involved driving because they would not be able to get to work anymore if they lost their license. People can sometimes also lose their job just because they have a record, so it really can destroy their life.
Is The Driver’s License Taken Immediately And Is There A Hardship Or Restricted License Available?
The license would be taken away immediately and then given back to the person. They would then be sent a letter informing them that their license would be suspended on a certain date unless they contested it administratively.
They can contest it administratively by disputing the police having probable cause to stop the person, if the person was driving and even if the person was not actually driving, it would be considered driving as long as their keys were in the ignition.
Another thing to challenge would be if the breathalyzer test was over the legal limit.
It would basically be black and white, and the person would lose their license unless they contested any of those, although they would be able to apply for a work permit to allow them to go to work.
Do Judges And Prosecutors View The Case Differently If The Person Had A Clean Record?
The most important thing would be to not have a record and to not have used the program, because anyone who had used the program would not be able to do so again for another 10 years, even if they had used it in another state.
Someone who already had a conviction would have to go to jail and they would lose their license for a very long time.
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