Two-tiered level of DUI
December 14, 2007
Memphis DUI lawyers might be looking at new classifications of dui’s in the future if what is going on in the West Virginia legislature is any indication.
West Virginia has a bill up that will change the ways that dui’s are prosecuted. The new legislation would make it so that two different tiers of dui’s are created.
Tier 1 would be for all dui’s in which the person blew a .08 to a .14 into the breathalyzer. For these dui’s the person would no longer need to serve 24 hours in jail and would instead be released after a few hours with just time served.
Tier 2 would be for what will be called “aggravated dui’s” in which a breathalyzer reading of .15 or higher was reached. These individuals would then be required to stay in jail for at least 48 hours.
The reasoning behind he law is that West Virginia is trying to lower the number of people required to stay in jail in order to help a crowded jail population. Currently all offenders are required to stay at least 24 hours in jail.
If this new law goes into effect it should give anyone arrested in West Virginia even more reason to hire a dui lawyer. Why you might ask? Because breathalyzer’s are not infallible. In fact they are very often wrong and an experienced dui lawyer should be able to point that out to the court. Here the difference between .14 and .15 could mean an extra few days spent in jail, and thousands of extra dollars in insurance and other costs, not to mention to possible loss of a job for being convicted of “aggravated dui”.
To get a copy of the free report “The Unauthorized Guide to Memphis DUI Defense” written by DUI Lawyer James Ferrell, just email us at info@lawferrell.com or call our 24/7 automated line at 1-800-546-2713 today.
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