A DWI Conviction Which Includes a BAC of 0.15 or Greater Results in an Additional Fine
Driving while intoxicated (DWI) is a serious offense that can have severe consequences. In many jurisdictions, a blood alcohol concentration (BAC) of 0.08 or higher is considered legally impaired. However, if an individual is convicted of a DWI and their BAC is 0.15 or greater, they may face an additional fine on top of the penalties already associated with a DWI conviction.
When a person is arrested for a DWI, law enforcement officers often administer a breathalyzer test or a blood test to determine their BAC. If the BAC is found to be 0.15 or higher, it is considered an aggravating factor in the offense. This means that the individual’s impairment was significantly higher, posing a greater risk to themselves and others on the road.
The additional fine imposed for a DWI conviction with a BAC of 0.15 or greater varies depending on the jurisdiction. In some states, the fine can range from $500 to $2,000 or more. This is in addition to other penalties such as license suspension, mandatory alcohol education programs, probation, and even jail time.
Here are some frequently asked questions (FAQs) about this additional fine:
1. What is the purpose of the additional fine?
The additional fine is meant to deter individuals from driving under the influence by imposing a higher penalty for more severe cases of intoxication.
2. How is the BAC measured?
The BAC can be measured through breathalyzer tests or blood tests conducted by law enforcement officers.
3. Can the additional fine be negotiated or reduced?
In some cases, a skilled attorney may be able to negotiate a reduction in the additional fine. However, this ultimately depends on the specific circumstances and jurisdiction.
4. Can the additional fine be paid in installments?
In certain cases, individuals may be allowed to pay the fine in installments, but this is subject to the discretion of the court.
5. Can the additional fine be avoided if I plead guilty?
No, if you are convicted of a DWI with a BAC of 0.15 or greater, you will be subject to the additional fine as mandated by the law.
6. Can I contest the accuracy of the BAC test?
Yes, it is possible to challenge the accuracy of the BAC test results, but this requires legal expertise and evidence to support your claim.
7. Will the additional fine affect my insurance premiums?
Yes, a DWI conviction with a high BAC can significantly impact your insurance premiums, resulting in an increase or even a cancellation of your policy.
8. What happens if I cannot afford to pay the fine?
If you are unable to pay the fine, you should consult with an attorney to explore possible alternatives such as community service or a payment plan.
9. Are there any other consequences for a DWI conviction with a high BAC?
In addition to the additional fine, you may face license suspension, mandatory alcohol education programs, probation, and even jail time.
10. How long does a DWI conviction stay on my record?
The duration of a DWI conviction on your record varies by jurisdiction. In some cases, it can remain on your record for several years or even permanently.
11. Can I have my conviction expunged?
Expungement laws vary by state, but in many cases, a DWI conviction cannot be expunged from your record.
12. Can I represent myself in court for a DWI case?
While it is legally possible to represent yourself, it is highly recommended to seek the assistance of an experienced DWI attorney who can navigate the legal complexities and potentially minimize the impact of the conviction.
In conclusion, a DWI conviction with a BAC of 0.15 or greater can result in an additional fine on top of the penalties already associated with a DWI offense. It is crucial to understand the potential consequences and seek legal advice if facing such charges. Remember, the best way to avoid a DWI conviction is to never drink and drive.