With the new laws that have come into effect in the last few years, the sentences for driving under the influence are even stiffer than they were prior to the revisions. Although the penalties are bad enough at the minimum,they can get a lot worse, and for this you definitely need a DUI defense lawyer in Berkeley Springs WV.
Every state has strict adherence to the law which mandates a BAC of 0.08 or above will be adjudged guilty. When found guilty, even for a first offense,you will be fined,you will be charged court costs and you will lose your driving privileges. In some states,there is mandatory jail time as well.
Although these penalties are bad, they can be enhanced.There can be factual or legal circumstances that allow the courts to impose much harsher penalties.These circumstances are anything that posed an even graver threat to the public by the drunk driver. Sentence enhancements can be very harsh, especially if the offense was your second or third. The enhancements include a much steeper fine, a much longer license suspension and in many states, a significant time in jail. It is even possible that your driving privileges will never be returned, you may be banned for life.
Here are some of the factors that can constitute an infraction that will draw a sentence enhancement. In your initial consultation with your DUI Defense Lawyer Berkeley Springs WV you no doubt will be asked if any of these apply to you.
Prior conviction for DUI:
The penalties are far greater for a second, third or subsequent offense. In some states an enhanced sentence will be imposed if the prior happened within the last five years, other are a 10 year period and still other states will enhance the conviction regardless of how long ago the prior conviction was.
High BAC, Blood Alcohol Content:
The entry level BAC for an automatic conviction is 0.08. In many states the sentence is enhanced if the BAC hits 0.15 and some have even stiffer penalties if the BAC is 0.20 or above.
Refusal to take a breath or blood test:
If you refuse to submit yourself to a blood alcohol test by breath, blood or any other chemical means, you can face stiffer penalties than if you had of taken the tests when requested. There are states where refusal means automatic and immediate license revocation and in other states, refusal to take the test will mean automatic jail time.
Child endangerment:
If you were stopped and arrested for a DUI and there was a child in the car, you will have your sentence enhanced, even if the child is your own.The age limit for designation as a minor is 18 in some states, 14 in others.
As you can readily see, a DUI Defense Lawyer Berkeley Springs WV will be important in these and other circumstances where the penalties can be very severe.
If you find yourself in need of a DUI defense lawyer in Berkeley Springs WV, call upon The Wagner Law Firm for effective representation.
