What If A DWI Conviction Results From An Accident That Caused Injury?
Every state is different. When you look at it if something is intentional and not an accident then insurance does not cover this and I am talking about property insurance. But in other states, they will say, if it is a DWI related situation, then the collision itself, the accident itself was not directly caused by the DWI, but since it was such a large contributing factor we are going to deny coverage. That is dealing with the property. When you deal with a health insurance coverage, driving while intoxicated is a great health insurance risk and they can write in to that contract that because of that type of risk they are not going to cover it. It is the same when you go in and they test you to see if you are using nicotine products, because if you are, they are going to deny you coverage or make you pay more.
They are going to warn you hey, we are not going to pay for this. You have not given us the benefit to renegotiate the contract premium and the type of coverage. We are not going to allow you to unilaterally change the rules, drive down the high way intoxicated and then cause an accident and expect us to pay your bills and possibly others one, because that is not what we agreed to. DWI can be very risky. If your coverage is from state it should apply in the other states, but that might leave you suing your insurance carrier. So it is difficult, but in some states absolutely they will deny coverage.
What Are The Consequences Of DWI Conviction on Immigration Prospects?
When you really get down to it again. It is a mark against your name. It says I engaged in a criminal conduct. Some people tend to think it is socially unacceptable conduct. Well it goes beyond that. It goes to criminal conduct that is why at every turn because all these examples we have given, you want to fight a DWI as hard as possible. This is the conviction to get rid of and when you look at other things, when you are stopped in public highway, road way if you have DWI contact on your driving record, even if the DWI is never prosecuted on your driving record its always going to mention that you had a DWI contact on this date. People can go back and find out where that was.
It is very difficult for people to understand that there are other mechanisms to remove things from criminal histories, but this is not going to be one of them. It is going to stay. In some fashion, it will stay. So when you get to that part, when you are looking at citizenships, visas, and criminal conduct is not rewarded. It is used to measure a person’s worth, measure their viability in this country and the situation we are talking about now, so yes it will definitely hurt. It could be the reason to now revoke and deny reissue of any documents that allow someone to be in this country.
What Are The Additional Consequences Faced By Habitual Or Repeat DWI Offenders?
When you get to habitual, you are looking at a large range of punishment. Larger fines, more jail time, but you are also looking at license suspensions. One of the things that we really did not touch at is what we call the Texas Surcharge. When I go and I renew my license for three or five years, my fee is very low. Other individuals who have been convicted of a DWI, their fee can be from $1000 to $2500 a year to renew their license. When you are looking at habitual offenders, you are looking at increased fees, court costs, and time.
You go from a Class B misdemeanor DWI case and that is someone who blew less than 0.15% and it is the first time. The next time, it is a Class A misdemeanor, so Class B is zero to one hundred and eighty days in jail, if that is what it comes up to, a $2000 fine. A class A is up to a $4000 fine and up to a year in jail. Then you get to the felonies, two to ten years in prison. You get to enhanced felonies, which could be anywhere from twenty-five to life. So you know if you have a problem drinking and driving, if that is it, then take care of it early, by goodness face the repeat offenders and habitual offender’s statues.
The Importance Of Retaining An Experienced DWI Defense Attorney
We start off our conversation with trying to find out a little bit about the person, who they are and where they come from and what we are searching for in their line of work, their professional background, the degrees, the associations they belong to and we are trying to determine what kind of advice we need to give, what are the collateral consequences that could come in to effect in their case. So you have to have an attorney who knows these collateral consequences. Not just the consequences of a conviction, but the consequences of being accused of it. Your timelines to fight it and what could happen to them in the future.
What do you think we ought to do about this case and what could happen or the opportunities lost forever if we just enter a plea. It would also affect every type of criminal interest and segments. You have search and seizure about how they got pulled over, how they got removed from the scene. You have opinion testimony where the officer says by looking at them did they do the field sobriety test, they avoided attention co-ordination tests, I developed the opinion he was intoxicated. I have been trained; what is that training? How often do you go back to renew that training? What is your proficiency with that training? Or we get scientific evidence. Is it a breath device, a deep lung device or the breath machine that the local police departments use? Did it come up over 0.08% on his breath test which resulted in what? Was there a blood alcohol conversion or did they take a blood test? Who took the blood test? Did they do it right?
There are so many questions that are involved in a DWI and so many possibilities to fight a DWI that it is never simply a DWI. Now I hate to say it, but there are some professions that the DWI does not affect. There are professions that do not have state or federal licenses. I always made the joke that a singer, a rock star does not need to worry about a DWI, because he does not drive anywhere anyway, but that is just one of the few things that your livelihood would be affected by. So you want to know how many DWIs they have, how many motions to suppress have they done, what experts have they used and when was the last time. The reason in asking those questions is to go and find out what your success rate is and it gives them a better idea of what the fee is going to be.
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