Articles Posted in Ramifications of a DWI Conviction

Published on:

Collin County DWI cases often involve license suspension issues along with the criminal cases. Should your license be suspended as a result of a criminal conviction, or as part of an administrative suspension (ALR suspension), odds are you are going to want to be driving legally again.

In order to be driving legally, you must obtain an occupational drivers license.  An “ODL” has several requirements before being granted by the judge and by DPS.  One of the most confusing to many has always been the requirement of SR-22 insurance.  For the past 8 years our office has maintained a close relationship with one of the fastest and best SR-22 providers out there, Jay Freeman of Accurate Concept Insurance.

Continue reading →

Published on:

I guess this is the next (il)logical step in how the police want to handle DWI and DUI arrests…. posting the pictures on facebook.  This lovely New Jersey city is sharing their book-in photos of the accused on Facebook.

fac

Police departments maintaining a presence on Facebook and Twitter are nothing new, but Evesham Township, N.J., is taking social-media law enforcement a step further by controversially posting arrest photographs on its Facebook pagelike the names and photographs of people arrested for drunk driving. While the police department’s Facebook page has been around for about six months, the decision to add DUI photos was added only on Monday.

Before you ask, no, this is not the township in New Jersey where "Snooki" was arrested for disorderly conduct. But if the rabble-rousing "Jersey Shore" star found out there was a police department that might give her antics even more attention than usual, maybe she’d show up and try to pull off some hijinks.

Published on:

Thanks to Scott over at Grits for Breakfast for bringing us some quotes from lawmakers about .  In his article, Bill author says "overly punitive" Driver Responsibility surcharge a "mistake", he tells of of a quote from Former state Rep. Mike Krusee, R-Round Rock, who authored the omnibus transportation law that led to the program’s approval.

“My feeling right now is we definitely made a mistake — that it’s overly punitive,” Krusee said. “I think it’s past time to either revise or repeal the program. It is inequitable in its enforcement because it doesn’t take into account to a just degree people’s incomes and their ability to pay, because the fines, I mean, they’re huge.”

I’d like to commend him on his comments. . . it is not often we see a lawmaker (even former lawmaker) admit mistakes.

Published on:

It seems as if the Federal Government is now getting into the mix of deciding what the individual states should and should not be allowed to do to punish first time DWI / DUI offenders.

Today, an article in the USA today explained that the Federal Government has a pending bill that would tie in government funding for roads to the conditions of probation on a  DWI first.  According to the article, if States do not make Ignition Interlock devices a requirement as a condition of probation for DWI 1st. 

device

I’ve always heard that this is how the Government got Louisiana to up their drinking age to 21 . . by tying road funding to it.  But I don’t know if that is true. 

Published on:

I have always been bothered by one of the ramifications of a DWI conviction:  The Substance Abuse Evaluation.

I am all for the premise and theory behind it.

If you are place on probation following a conviction for DWI, you are required by law to take a substance abuse evaluation, and perform any conditions imposed.  This can be something as small as "no alcohol while on probation," or larger (very time consuming) things like attending AA several times per week, or going to an intensive inpatient or outpatient program.

Published on:

I read an article today about a prison that started a new DWI rehab program within the prison.  In "Area prison implements DWI rehab program," it details the new program.  It is a "six-month initiative that teaches life skill lessons, alternatives to drinking and driving and the medical, lifestyle and stress effects of alcohol."

This should not be confused with the DWI Court program for misdemeanor DWI’s (usually DWI 2nds).
Anyone in this program has already been sent to prison.  Keep in mind, in order to go to prison, your sentence has to be over 2 years long — so this would be for DWI 3rd+, or Intoxication Assaults or Intoxication Manslaughter.  You can see the punishment ranges for DWI Felonies here.

The program houses the inmates together with other DWI offenders to offer support between the inmates.  Inmates also meets with counselors daily in group and individual sessions.

Published on:

I read a pretty disturbing article in the Dallas Morning News yesterday. The article is entitled, "Dallas County commissioners ask judges to generate more revenue from courts"

The crux of the article is that Dallas County wants more money, and they believe that the judges should be the ones generating this money through those convicted of crimes.

There are some major problems with County Commissioners trying to set fines in criminal cases.

Published on:

If you are convicted of DWI and placed on probation, a requirement will be that you must attend a DWI Education Course.

The course is 12 hours long, and according to the State, " is designed to help DWI offenders increase their knowledge about alcohol and drugs as these substances relate to driving skills, to identify their own individual drinking/drug use and driving patterns, and to assist them in developing plans which will reduce the probability of future DWI behavior."

Here is a list of the courses in city order.

Published on:

If you are place on deferred probation for a DUI charge, you were probably ordered to attend an Alcohol Awareness Course.  The program is 6 hours long.

This course, as told by the state:

contains information on the following topics: societal values related to alcohol consumption by minors, the influence of alcohol advertising on young people, the physical, social and psychological effects of alcohol upon young people; the relationship between motor vehicle and other accidents and alcohol use; relevant laws relating to the purchase, possession or consumption of alcoholic beverages by minors, drinking patterns and problems of young people including abuse and addiction and decision making skills.

Here is a list of the courses in city order.

Published on:

It would seem that State Rep. Scott Inman of Oklahoma came up with the perfect way to curb DWI’s.  His bill would require anyone who is convicted to have it printed on their drivers license for four years.

I found the story  Inman Wants DUI, DWI Information On Licenses on the The McCarville Report Online, which follows OK political news.

Apparently Representative Inman believes that this will "alert" bartenders to the license holder’s propensity to drink and drive and cause them to be cut off.