Misdemeanor DWI Offenses and Penalties

DWI stands for Driving while Intoxicated. Alcohol consumption or drug usage prior to driving a motor vehicle is treated as an offense in the United States because it may lead to damage of human lives or public property. Basically there are two classifications of DWI- one is Misdemeanor DWI and the other is Felony DWI. The former one is of lesser significance in terms of laws imposed on it and the penalty suffered.

Misdemeanor DWI can be considered as a minor DWI crime. Usually first time DWI offenses are treated as a case of misdemeanor. But laws are subject to variations as per the legislation of the state. In New York first time DWI violation results in misdemeanor, whereas if you commit the same within 10 years of previous DWI charges you are liable to be stamped with felony charges.

Hiring an experienced DWI lawyer or attorney becomes essential because you can reduce the term of imprisonment for DWI misdemeanor charges or may get the convictions dismissed totally.

Misdemeanor DWI in US States

Though the basic concept behind Misdemeanor DWI is the same in all states, yet there are minor variations. DWI offense in Minnesota can be charged upon a person if he is found with a blood alcohol level of 0.20 % or more. Minnesota drunken driving offenses lead to the impounding of license plates by The Minnesota Commissioner of Public Safety. You can also be convicted if you have a child below the age of 16 during DWI. You can be charged with gross misdemeanor DWI offense if you are operating a motor vehicle during the period when your license has been canceled. Access http://www.house.leg.state.mn.us/hrd/pubs/dwiover.pdf to know more about it.

New York has its different set of legal proceedings if a person is charged with DWI conviction.  In fact, DUI and DWI are overlapping terms in the state; DUI (driving under the influence) cases are known as DWI cases in New York and some other states like Texas. A DWI arrest in New York will lead to the prosecution of the offense as two different cases. The first case to be imposed on you is the DWI case in the criminal court; whereas the second one is DMV (Department of Motor Vehicle) case. DMV has the right to suspend all your driving privileges.

DWI cases in New York can be classified under two theories; violation of DWI “per se” law and a common law that states that it is enough to prove that the driver is in a state of intoxication. The former theory points to alcohol level in blood, which can lead to aggravated cases of DWI if the BAC limit exceeds the vale of 0.18 %. The second theory is based on a physical condition wherein a motorist is not in a stable state for operating a vehicle. The arrest can take place on the arresting officer’s opinion. Access http://www.nydmv.state.ny.us/broch/c39.htm to know more about it.

Penalty for Misdemeanor DWI

Generally the penalty imposed on misdemeanor DWI conviction is a term of confinement in a jail for a maximum period of one year. It may also impose a fine of a minimum amount of
$500 to a maximum of $1000. The license is revoked for a half a year period.