From the visitor of a state to the resident, everyone must be aware of all types of legal consequences they can face for driving a car under the influence of any substance. This STATE law is Impaired Driving, and the charge associated is referred to as Driving While Impaired (DWI). Read this article to learn what the penalties are and the level of punishment under DWI laws. Delray Beach legal experts of Zappitell Law Firm talk about them in detail.
What Constitutes DWI Laws In STATE?
Once you are involved in an accident, only a reputed lawyer for a car accident can help you. For the following reasons, DWI becomes applicable for drivers –
- At the time of driving, if the driver was under the influence of any substance that impairs them.
- At the time of driving, if the blood alcohol concentration was 0.08% or more.
- If Schedule I controlled substance (in any amount) is found in the driver’s blood or urine.
There are many factors on which the punishment level depends –
- Whether or not the person being charged is a first time offender.
- Were there any aggravating, grossly aggravating, and mitigating factors present?
- If there was an injury or death of a person involved.
If you need a lawyer for a car accident, connecting with Zappitell Law Firm is the right thing to do.
Aggravating and Mitigating Factors
It is incredibly complex to assess the aggravating, grossly aggravating, and mitigating factors in a DWI case. The impact of the penalties is direct, and the sentencing factors are as follows:
- If there was a severe injury or death involved in the DWI offense.
- If a child below the age of 18 was arrested in a DWI case.
- Within seven years, were there any prior DWI convictions?
- Was the driver using a license revoked by a previous DWI charge at the time of driving?
Here are the aggravating factors:
- The alcohol concentration in the blood is 0.15% or more.
- Gross impairment.
- Using a revoked license while driving.
- Involvement of dangerous or reckless driving.
- The accident occurred due to negligent driving.
- Escape the police after the accident or when asked to stop.
- If a stopped school bus was passed.
- Excessive speeding.
Read the mitigating factors here:
- If the alcohol concentration in the blood is less than 0.09%.
- Low impairment.
- The record shows safe driving.
- Circumstances in DWI that were safe or uneventful.
- The cause of impairment was due to a drug prescribed legally or due to a dosage taken within the prescribed limits.
- After getting arrested, the person tried to enter voluntarily into a treatment program.
- Presence of proof that the person has completed 60 days under the alcohol monitoring system.
DWI Sentencing Levels
For DWI, the following are six levels of sentencing
- Aggravated Level One DWI
- Level One DWI
- Level Two DWI
- Level Three DWI
- Level Four DWI
- Level Five DWI
This level is in decreasing order, and the court holds the right to decide which level of sentencing should be given to the person charged. The court makes this decision after assessing all the above-discussed factors.
If you are looking for a lawyer for a car accident, choose Zappitell Law Firm‘s legal advisors in Delray Beach. These guys are utterly aware of the DWI laws and will always guide you in the right direction.