What is a DWI?
DWI is a two part law. This means that you can be convicted under the one of the following two sections of law.
1.It is unlawful and for any person who is intoxicated to operate or be in actual physical control of a motor vehicle.
2.It is unlawful for any person to operate or be in actual physical control of a motor vehicle if at that time the alcohol concentration in the person's breath or blood (BAC) was eight-hundredths (0.08)
What is the difference between a felony and a misdemeanor?
Misdemeanors are usually crimes which the Courts may give a penalty of no more than 1 year in the county jail and no more than $2500 fine. There are actually 4 classifications of misdemeanors. A class A misdemeanor, class B, class C, and an Unclassified misdemeanor. These cases are usually handled in District Court.
Felonies have a penalty range from 0-life in prison and fines that can exceed $100,000 in certain cases. There are several classifications of felonies. Class Y felony, class A, class B, class C, class D, and unclassified felonies. Each carries different penalties. These are resolved in Circuit Court. To find out more contact an attorney at our office and we will explain what it means to you.
Can I get a DWI if I wasn’t driving?
There is no requirement for driving to get a DWI charge. The law states you must be in actual physical control of the vehicle. The Courts have determined that to mean having the keys in the ignition, whether the vehicle is running or not. Generally, the police will attempt to prove physical control by asking if you have been driving or by other circumstantial evidence. You are not even required to be in an automobile. You can get a DWI on a four wheeler, golf cart, or any other motor driven vehicle. Contact our office so one of our attorneys can determine if it applies to your case.
