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What You Should Know About DWI | DWI Explained

DWI (driving while intoxicated) also known as DUI (driving under the influence) refers to the criminal law offense of operating a vehicle while under the influence of alcohol, drugs or narcotics. Some states use the term driving while impaired while others use the term operating while intoxicated (OWI). There may be slight differences in interpretations of DWI and DUI where in some jurisdictions the latter means that the driver had a lower level of intoxication than a DWI.

Regardless of the term used, drunk driving offenses are considered severe crimes that come with significant penalties. Over the years, states have become increasingly tougher when it comes to drunk driving and have imposed harsher penalties. While most DWI offenses are considered misdemeanors, some are considered felonies depending on the circumstances surrounding the offense.

arrested for DWI in New JerseyBeing a criminal charge, a person charged with DWI is considered innocent until proven guilty, even if that person has been arrested for underage drinking. Once proven guilty (often after a jury trial or through the defendant’s own plea), the penalty will vary depending on state law, the defendant’s cooperation with the police as well as any other circumstances.

In a majority of states, a first offense DWI often results in an automatic suspension of the violator’s license. The length of suspension varies from one state to another but will range from 45 days to one year. Refusal to take a breath, blood or urine test can lead to a license suspension and penalties regardless of the finding of guilt. Some states will even cancel the car’s registration or confiscate the car, either temporarily or permanently. Offenders may also be required to install ignition interlocks that can analyze the driver’s breath and only unlock the ignition if the driver is within preset alcohol level limits.

First-time offenders may also face possible jail time of up to six months. However, jail time may be increased under certain circumstances such as very high blood-alcohol content (BAC) levels. Subsequent offenses will result in longer jail terms of several months to a year. In the case of a DWI arrest that has been classified as a felony, either because it’s the driver’s third or fourth DWI or because the driver injured or killed someone- it’s likely that the violator will face several years in jail. Similarly, jail times are dependent on factors such as the facts of the case, state law and the judge’s discretion at trial. More serious offenses will require that you work with an attorney with expertise in this field. Searching online for a NJ DWI defense attorney will provide you with a large list of qualified candidates in that state to choose from. Be sure to thoroughly check your reviews to find the best drunk driving lawyers near you.

In addition to license suspension and jail sentences, courts can also impose high fines for DWI charges. Fines may range from about $500 to as much as $2000.

Several states’ court sentences may include alternative forms of punishment such as treatment for alcohol abuse or community service, especially if charged with a higher level crime such as manslaughter or aggravated DUI. The judge may recommend such punishments either in addition to or instead of paying fines or jail time.

Tips To Know About Patents and Copyright Law

Not many people out there today can confidently say that they fully understand copyright law. This specific discipline of law is quite intricate and is made up of many sub-disciplines. Copyright law and foreign patents play a huge role in society as it helps individuals and organizations to protect their original and unique intellectual materials. Copyright protection allows people and organizations to consistently and continuously earn money from their content without interference from third parties. In order to ensure that all your materials remain under your ownership as intellectual property, you need to hire a reliable intellectual property lawyer.

First and foremost, you need to be capable of  understanding what a foreign patent is and enlisting he services of an attorney to help you to fill out the paperwork needed to protect your intellectual materials. The legal paperwork and preparation of documents can be demanding to say the least. Managing to properly file copyright documents for all your intellectual properties can be a daunting task especially if you do not have adequate knowledge and experience in the subject industry.

What Is A Copyright Attorney?

A copyright attorney is basically a legal professional that focuses on copyright law and litigation. It is important that you only work with a copyright lawyer who is experienced in your area of specialty. As mentioned above, copyright law is a huge discipline that is made up of so many other sub-disciplines.  Therefore, you will find different lawyers who specialize in areas such as music, articles, books, films and other types of content. Depending on the type of content you deal with, you should only hire a lawyer that has adequate experience in protecting your valuable trade information.

There are also many different types of copyrights that protect and safeguard the intellectual rights of the owners of the content. You should work with a copyright lawyer who has considerable knowledge and experience in handling the issues that impact you the most. The best thing to do is to talk to several attorneys so that you can choose one that can offer you the services that you are looking for.

Doing your research and due diligence on your copyright lawyer of choice is important so as to get to know more about their services and accomplishments. Some lawyers may tend to exaggerate their accomplishments so it’s always best to ask around from friends, family members, workmates and other professionals in the legal industry. If you are not careful, you may fall prey to lawyers who are just looking to make a quick buck from you.

One good way of determining whether a copyright lawyer is competent and reliable is to ask them for references. A few references of past clients they have worked for can shed a lot of light on the type of services to expect from the attorney. You can also get to know about their rates and whether they consistently charge all their clients. People who have worked with the attorney in the past can also share different opinions on the professional including areas where they are good at as well as areas they are not so good at.

Underage Drinking And Driving Explained

Driving under the influence has severe consequences regardless of where you come from. While the penalties for DUI are harsh, they are more severe for minors who are caught drinking and driving. When faced with drunk driving and underage drinking charge, it would be wise to consult a professional attorney who will represent you in a court of law and ensure you serve as little jail time as possible. This article shares information on underage drinking and the penalties involved.

What Constitutes Underage Drinking?

A person has to be 21 or older to legally take alcohol in the United States. Police officers are allowed to use breathalyzers to determine a person’s blood alcohol content (BAC). For people aged 21 and above, BAC limits of 0.08% will be enough to get you into trouble with the law. However, for underage drinkers, BAC limits as low as 0.02% will get you arrested and dealt with harshly. This is because the law assumes that underage people shouldn’t drink in the first place. While these laws vary as you move from one state to the other, underage drivers should adhere to a strict BAC limit of 0.02%.

In some states, these laws are stricter, and an individual driving with a BAC other than 0.000% will be arrested for driving under the influence. This is referred to as “Zero Tolerance Policy” and aims at discouraging minors from consuming alcohol until they are of legal age.

Penalties For Drinking Under the Age of 21

Depending on the BAC limit in various regions, drivers face some strict penalties for underage drinking and driving. In some states, first time underage DUI offenders face fines as high as $2,000. Offenders may also lose their driver’s license and even spend up to 12 months in jail. This is assuming that no one was injured as a result of this offense.

Those who are caught acquiring alcohol that is to be consumed by minors also faces tough penalties. This means that if an of-age person buys alcohol and serves it to minors; they two can be found guilty of a crime and punished by law.

The first thing to do after an underage drinking arrest is to find a qualified attorney to help you with the case. Having someone that understands the laws that govern DUI on your side goes a long way towards ensuring you retain your license and serve little or no time in jail. It is important that you go for an attorney who is familiar with your state laws so as to improve your winning chances. Your can visit the Law Firm Media Blog home page for a list of attorneys in your state.

Driving while intoxicated has never been a good idea no matter how old one is. To avoid trouble with the law and to keep yourself safe from accidents, you’d be wise to stay away from alcohol while you drive.

Understanding A Charge Of OWI

OWI (Operating While Intoxicated) Explained

In some states, individuals who are arrested for driving while drunk may find themselves facing OWI charges. OWI is a term that stands for ‘operating while intoxicated.’ This refers to the legal offense of drunken driving and is similar to a DWI (driving while intoxicated) charge. In most states, the offense is referred to as either DUI (driving under the influence) or DWI (driving while intoxicated. The former is usually considered a lesser offense than the latter.

What Constitutes an OWI?

In OWI states, the legal blood alcohol content (BAC) limit is 0.08% for individuals aged over 21. An individual could be charged with OWI if their BAC level is equal to or greater than this for their first, second and third violations. For any subsequent drunk driving offenses, the BAC threshold is however lowered to 0.02.

arrested for DWI and OWI

Because these numbers may not make sense to people who’ve never taken a breathalyzer test, there are charts applicable to the average individual. These inform on how one could accurately determine their BAC, depending on how many alcoholic beverages they’ve consumed over a certain duration. The OWI definition gives law enforcement officers the power to arrest anyone operating any vehicle while intoxicated. This includes operating cars, trucks, motorbikes and other work/recreational vehicles, such as jet skis and tractors.

Penalties For Being Arrested for Operating While Intoxicated

OWI charges tend to be quite costly for the person accused of the offense. For 1st-time offenders, the penalties could include fines and suspension of the individual’s driving license, albeit with no jail time. The fine could range between $150 and $300, with the suspension period being 6-9 months.

For the second offense, penalties include:

-Suspension of the individual’s driving license for 12-18 months

-Imprisonment for 6-9 months

-Possible installation of an alcohol detection mechanism in the person’s vehicle

Third-time offenders could face fines of between $600 and $2000, in addition to license suspension for 2 or 3 years. One could also be slapped with jail time of between 30 days and a year.

The punishment for OWI increases significantly if an accident occurs and other persons injured in the process. It’s also important to note that prior offenses (or lack thereof) aren’t considered here. OWI arrests where the culprit had a minor in their vehicle also incur more severe penalties. It is best to contact an expert if you have been pulled over or arrested for driving while intoxicated.  A simple online search will quickly identify which type of attorney you will need. If you searched for drunk driving attorney in Wisconsin, you will quickly see results for OWI attorneys as this is the charge in this state.

What States use OWI?

The term is usually used in Iowa, Michigan, Wisconsin and several other states. In Wisconsin, this is the only charge used for operating a vehicle while intoxicated. In some states, several different terminologies are used to refer to varying levels of severity of the offense, as well as different levels of penalties. For instance, a DUI could refer to driving with an over-the-limit blood alcohol content, while a DWI is used for impaired persons who weren’t necessarily over the limit.

Fundamentals Of Texas Uncontested Divorce

Texas Attorneys may specialize as Personal Injury lawyers and as divorce lawyers. As with any other field, some attorneys will specialize in more than one field of expertise. Unfortunately, couples sometimes get married and realize that they cannot get along. Sometimes this happens early on in their marriage and other times it may take years, and they just can’t take it anymore. When this happens, the couple will decide to get a divorce. Needless to say, the less time the couple has been married, the fewer assets that they will normally have and the less hassle that a divorce will be.

What Are Their Options?

 

Most people know that getting a divorce is not only emotionally trying and painful, but can also be extremely expensive. This will depend on if there are children, child support, alimony and the couple has joint assets that they cannot agree upon how to divide them. Sometimes, couples cannot agree, and they both may want everything. When this happens, both couples usually obtain an attorney and have a substantial amount of legal fees. This situation can also be drug out for quite a while. There is paper work that has to be filed and sometimes more than one court date has to be scheduled, depending on the situation. If the couple can manage to agree upon the terms of their divorce and the division of their assets without the court’s intervention, they may qualify for an uncontested divorce.

Fundamentals of Texas Uncontested Divorce

How Does An Uncontested Divorce Work?

fundamentals of Texas Uncontested divorce

The couple has to be able to agree on the terms of their divorce
Only one attorney can be used, saving a fortune on attorney fees
The attorney will normally file the papers and get the process completed in a shorter period
The attorney will normally go to court and plea that the dissolution of marriage is in place and neither party will have to make an appearance
It is normally less hassle and goes much smoother

Sharing An Attorney

A Texas personal injury law firm may also have attorneys that can help to represent you in getting your divorce. You can also find detail about personal injury http://en.wikipedia.org/wiki/Personal_injury and personal injury law firm. The person that retains the attorney is the actual person that the attorney legally represents. The attorney will then draw up the paper work for their client to read and approve and file. Then the other party will be served with the papers. As long as both parties agree that the terms were written and filed as they had agreed, the papers are signed. The attorney will take the papers in front of the judge and ask for a dissolution of marriage for this couple.

With an uncontested divorce, there is a lot less expense such as attorney fees and legal fees such as filing charges. This can also prevent either party from having to appear before the judge. The attorney makes one appearance for the couple, and their divorce is hassling free. This makes an uncontested divorce cost less money, and it creates less stress for the couple and does not get strung out near as long in various court proceedings. If you feel that you and your spouse are at this point in life, do your research on some of the personal injury attorneys then you have to find information here in your area and see if this could work for your situation.

Aggravated Drunk Driving Explained

Aggravated Drunk Driving is one of the more serious drunk driving offenses, and it usually carries stiffer consequences than simply being cited for driving under the influence. If you’re facing an aggravated drunk driving arrest, it’s a stressful and costly situation that will impact your life even more than a lesser charge of standard DUI. The laws concerning these kinds of drunk driving charges vary from state to state, but every jurisdiction has similar criteria for what counts as aggravated drunk driving.

pulled over for aggravated drunk driving

What Constitutes Aggravated Drunk Driving?

To be charged with aggravated drunk driving, you’ll be tested as having a blood alcohol content more than twice the legal limit, which is a 0.08 reading on a breathalyzer test. You could also face this charge if you’ve been exceeding the posted speed limit by more than a certain number of miles, and this number can vary by state. The average is 15 to 20 miles over the speed limit. If you’re driving with this high blood alcohol content and also have an underage passenger in your vehicle, you’ll also be charged with this more serious type of DUI. The age that constitutes a minor is different according to state law. In some states, that age is 16 or younger. In others, it’s 12 and younger. Being cited for aggravated DUI with a passenger under the age of 12 is a class six felony in most states, which is the most serious felony DUI charge.

Penalties Associated with This Aggressive Form Of Drinking And Driving

In every state, the penalties for aggravated drunk driving range from higher fines to mandatory prison time. These depend on whether you have a past DUI record or any criminal record. The penalties can also depend on whether you were speeding, had an underage passenger, or both of these circumstances. Suspension of your drivers’ license is also a consequence in every jurisdiction, though the length of time for suspension can be different according to various state laws. In some states, you may be able to serve probation instead of prison time if it’s your first aggravated DUI offense. Knowing the specifics of the local aggravated DUI laws is essential for a legal defense, so it’s highly recommended to contact an experienced DUI lawyer as soon as possible.

States With Aggravated Drunk Driving Charges

Some states with the most aggressive charges against aggravated DUI include New Mexico, Arizona, and New York. If convicted of aggravated DUI in New Mexico, your vehicle will be fitted with a locking breathalyzer device that will need to test you as negative for any alcohol before your car starts. This will be for a probationary period a judge will determine. Penalties in New York and Arizona include jail time, community service, fines, and probation.