DWI (driving while intoxicated) information more info is important to any person who may be charged with a DWI offense. DWI is defined as operating a vehicle under the influence of alcohol, drugs, or some other chemical substance. Operating a vehicle under the influence of alcohol is also the serious crime of operating, or being behind the wheel of a vehicle while intoxicated, to a degree that renders the individual incapable of operating a vehicle normally.
A first offense for DWI usually results in a minimum of one year in jail and a significant fine. The first offense will likely result in an ignition interlock device, which will be placed on the keys. The device will not be turned on until the individual passes a series of tests administered by the Department of Motor Vehicles (DMV). Failure to appear during scheduled tests, driving a vehicle without the proper ID, or operating a vehicle with a blood alcohol level over the limit are all common penalties for first offenses.
There are two different types of DWI laws in Illinois. An individual who has been charged with DWI and subsequently found guilty may, in some circumstances, have the charges reduced or dismissed if the DUI charge is later found to be valid. In most cases, a motion to dismiss can occur after a DUI case has been submitted to the court. The motion to dismiss is initiated by an individual who claims that there is “probable cause” to believe that the defendant was guilty of the crime. If the motion to dismiss is successful, the case will go back to the court and a new court date will be scheduled. The trial for the criminal offense of DWI is a criminal trial and is generally held within a court of magistrates.
Another type of DWI violation is referred to as the BAC or Breath Alcohol Level. A BAC measurement refers to the legal limit of alcohol in a person’s blood. The minimum legal limit of alcohol in a person’s blood is 0.08 percent. A BAC reading of more than a 0.08 percent means that the person has been driving while intoxicated.
A person charged with driving while intoxicated or DWI must face their attorney during their initial court appearance. Many times, the first appearance of a defendant in a DWI case is accompanied by a mandatory breathalyzer test, fingerprinting, and oral fluid samples. These procedures are used to help law enforcement officials to learn the exact amount of alcohol that is in a driver’s system at any given time. Should the defendant be found guilty of a second or subsequent offense for driving while intoxicated, additional penalties may be incurred.
If you have been charged with a DWI offense, it is important that you obtain as much information as possible before you speak with a court official. A number of online resources provide a variety of information on the most common penalties faced by those accused of driving while intoxicated. In addition to obtaining information, it is important that you prepare a strong defense against your case. Consider hiring an experienced DWI lawyer to represent you in the best way possible.