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Collateral Consequences of a DWI

Being charged and/or convicted of a DWI can lead to lifetime consequences. Although a charge for DWI can range from a class B misdemeanor all the way up to a felony, and anywhere from 72 hours in jail to ten (10) years or more in prison, a conviction for any of these share common collateral consequences.

Driver’s License: Being convicted of a DWI may lead to your driver’s license being suspended for anywhere from 90 days to one year. If you are convicted of a subsequent DWI within five years of the first, your license may be suspended for up to two years. Your commercial driver’s license can be suspended for one year, three years, or life (depending on the circumstances of your conviction).

Vehicle Ignition Interlock: Following a conviction, the court may order a vehicle ignition interlock to be placed on your motor vehicle. This device is a Breathalyzer that you have to blow into to start your vehicle. Additionally, you will be required to blow into it at different times while driving. If on probation, the state will be provided copies of interlock reports, and if alcohol is found, they may file a motion to revoke your probation.

Surcharges: You must pay a $1,000 surcharge per year on your license for three years for a first conviction. If you are convicted of a subsequent offense, the surcharge will increase to $1,500 per year for three years. Finally, if you are found to have an alcohol content of .16 or more, the surcharge will increase to $2,000 a year for three years.

Deferred Adjudication: The judge may not grant deferred adjudication in DWI convictions. However, if you are convicted of the DWI and certain conditions are met, you may still be eligible to seal a DWI conviction record.

Felony: There are two primary ways a DWI becomes a felony: when you have a child passenger or if it is your third (or more) DWI. A felony conviction carries more serious consequences than a misdemeanor, including not being allowed to own or possess firearms, vote in public elections, run for public office, or serve on a petit or grand jury.

If you have been charged with a DWI it is important to have proper legal representation. With over 20 years of legal experience, Michael J. Price can properly represent you and advise you of your rights. Without proper legal representation, you could be facing these serious consequences alone.

Posted in DWI

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