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Understanding DWAI Laws
DWAI Laws - Driving While Ability Impaired
In most states refer to operating a vehicle when the person has consumed drugs or alcohol or a combination of both which affects the ability of the driver to control the vehicle or make a sound judgment. Drivers can be charged with violating DWAI Laws, if they are found with a breath or alcohol content (BAC) of between 0.05% and 0.08%. It is also possible to be charged with drunk driving even with a BAC of less than 0.05%. However; in such a case, it is presumed that the ability of the driver to operate the vehicle wasn't impaired. With a BAC of less than 0.08% and more than 0.05%, it is presumed that the person's ability to operate the vehicle was impaired. For persons who are under the age of 21 years, they can be charged with violating DWAI Laws if, they are caught operating a vehicle with a BAC of 0.02%.
Most states in the United States have an implied consent law. This means that failure to submit to a chemical test will lead to a fine as well as an automatic suspension of your license. Refusing to take the test in the state of Colorado will lead to a revocation of your license for a period of 1 year. A second refusal will lead to a 2 year revocation while a third offense will lead to a 3 year license revocation.
Penalties for violating DWAI Laws
The penalties for violating DWAI Laws will also vary from one state to the other. This may range from 2 to 180 day imprisonment. The DWAI fines may range from $100 to $500 depending on the state. The offender may also be required to engage in 24 to 48 hours of community service. On top of these penalties, you may be required to pay a number of fees related to the offense and you may also be required to contribute to several funds. Additional costs may be charged for probation as well as alcohol & drug evaluation.
It is also important to note that penalties for violating DWAI Laws will be higher for subsequent convictions. The higher penalty may include a mandatory jail term. In the state of Colorado, the minimum is a 2 day jail term for the first offense and 6 to 10 day jail term for a second offense. There is no statutory minimum jail term for a third DWAI. It is also important to note that in some states, there is a look back period. This is the period of time in which all the previous violations of DWAI Laws are relevant for sentencing and penalty purposes.
DWAI Laws - Wet Reckless
At times, you can get a conviction of a "wet reckless" (a plea to a charge of reckless driving which was "alcohol related"), which is a lesser charge amounting to conviction for reckless driving involving alcohol. This can be as a result of a plea bargain, where a drunk driving charge is reduced to a reckless driving charge. However, there is no statute to determine whether a plea for reckless driving will be accepted in your state or not. If arrested or charged with violating DWAI Laws, it is important to contact an attorney as it can mean the difference on whether you go to jail or not.
|Understanding DWAI Laws|