Is a DWI conviction considered a crime ?

[Anonymous]

Duh

[Anonymous]

Yes you moron.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Yes.

Refusing to take the breathalyzer, however, is not a crime. Both result in a lost license but one is administrative and one is a crime. Never ever take the breathalyzer.

In Maryland, at least, it’s an automatic 270 day suspension for refusal to take the preliminary test on the scene. Also they can still detain, arrest and prosecute you for a DWI based on other evidence, include a BAC.

I don't have an issue with a breathalyzer. At least it's objective. I will never consent to a roadside test by a cop who subjectively decides if I'm impaired.

PS I don't drink and drive. that's the worst.

[Anonymous]

SMH

GROW UP.

[Anonymous]

My best friend’s husband was killed by a drunk driver. She and their children will never be the same. It was a totally preventable death.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Yes.

Refusing to take the breathalyzer, however, is not a crime. Both result in a lost license but one is administrative and one is a crime. Never ever take the breathalyzer.

In Maryland, at least, it’s an automatic 270 day suspension for refusal to take the preliminary test on the scene. Also they can still detain, arrest and prosecute you for a DWI based on other evidence, include a BAC.

Right, if you're on the edge of sober, take the 270 day suspension, rather than the felony drunk driving. Decent chance you'll sober up enough by the time they get to the BAC. Don't volunteer to give them evidence.

[Anonymous]

Anonymous wrote:How would it not be. It's illegal, right?

Some things that are illegal are civil infractions, not criminal.
But "conviction" here makes me think OP's friend was convicted of a crime. OP, was your friend arrested? Were they told they had a right to an attorney? Was the conviction in criminal court?

[Anonymous]

Anonymous wrote:

Anonymous wrote:How would it not be. It's illegal, right?

Some things that are illegal are civil infractions, not criminal.
But "conviction" here makes me think OP's friend was convicted of a crime. OP, was your friend arrested? Were they told they had a right to an attorney? Was the conviction in criminal court?

hi! I’m the op.

I’m asking because a friends dear husband was picked up by ice. She said he’s innocent and has no criminal record.

But, when I asked further, she said he only has 2 DWIs, they were both more than 5 years ago, and he promised the judge he wouldn’t do it again.

So I’m trying to figure out if he has a record or not? She said she hired a lawyer and he’s going to file for amnesty? But she’s not sure how to answer the question on criminal convictions or not?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Yes.

Refusing to take the breathalyzer, however, is not a crime. Both result in a lost license but one is administrative and one is a crime. Never ever take the breathalyzer.

In Maryland, at least, it’s an automatic 270 day suspension for refusal to take the preliminary test on the scene. Also they can still detain, arrest and prosecute you for a DWI based on other evidence, include a BAC.

Right, if you're on the edge of sober, take the 270 day suspension, rather than the felony drunk driving. Decent chance you'll sober up enough by the time they get to the BAC. Don't volunteer to give them evidence.

Don't they need cause for the blood test? That's even more invasive. I don't drink but trying to think what I would do if cops ever pulled me over and thought I was drunk. So don't agree to field test or breathalyzer, then what?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How would it not be. It's illegal, right?

Some things that are illegal are civil infractions, not criminal.
But "conviction" here makes me think OP's friend was convicted of a crime. OP, was your friend arrested? Were they told they had a right to an attorney? Was the conviction in criminal court?

hi! I’m the op.

I’m asking because a friends dear husband was picked up by ice. She said he’s innocent and has no criminal record.

But, when I asked further, she said he only has 2 DWIs, they were both more than 5 years ago, and he promised the judge he wouldn’t do it again.

So I’m trying to figure out if he has a record or not? She said she hired a lawyer and he’s going to file for amnesty? But she’s not sure how to answer the question on criminal convictions or not?

What state? You can look records up online in my state.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Yes.

Refusing to take the breathalyzer, however, is not a crime. Both result in a lost license but one is administrative and one is a crime. Never ever take the breathalyzer.

In Maryland, at least, it’s an automatic 270 day suspension for refusal to take the preliminary test on the scene. Also they can still detain, arrest and prosecute you for a DWI based on other evidence, include a BAC.

Right, if you're on the edge of sober, take the 270 day suspension, rather than the felony drunk driving. Decent chance you'll sober up enough by the time they get to the BAC. Don't volunteer to give them evidence.

Don't they need cause for the blood test? That's even more invasive. I don't drink but trying to think what I would do if cops ever pulled me over and thought I was drunk. So don't agree to field test or breathalyzer, then what?

DP never take the field test. If the police ask you to take a field test you are going to jail/be arrested. The field test are set up to gather more evidence and 95% of the people(sober or drunk) fail the test. Even if you pass the test they will still arrest you. Just google it.

As for the roadside breathalyzer you have to look in each state. Some state will take your license for a period of time if you refuse. You agree to these terms when the state issues the license. That is an administration process and is not criminal. Others states will get a court order after you are arrested for a blood test or a breathalyzer from a larger machine that will hold up in court. The portal test are not legal(hold up in court) in many states. They still have to prove you are over the limit.

You are not going to talk your way out of an arrest. Every interaction(giving your name, getting your license, etc)the police have with you, they are looking for signs of alcohol consumption. They want you to talk(being talkative is on their checklist), look at your eyes, take too much time getting your license, smell alcohol as you talk, etc.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How would it not be. It's illegal, right?

Some things that are illegal are civil infractions, not criminal.
But "conviction" here makes me think OP's friend was convicted of a crime. OP, was your friend arrested? Were they told they had a right to an attorney? Was the conviction in criminal court?

hi! I’m the op.

I’m asking because a friends dear husband was picked up by ice. She said he’s innocent and has no criminal record.

But, when I asked further, she said he only has 2 DWIs, they were both more than 5 years ago, and he promised the judge he wouldn’t do it again.

So I’m trying to figure out if he has a record or not? She said she hired a lawyer and he’s going to file for amnesty? But she’s not sure how to answer the question on criminal convictions or not?

She needs to direct these questions specifically to her lawyer. She can specifically pull his records.

In some jurisdictions you sometimes can walk down a first DWI to a reckless driving charge but it depends on a LOT of facts we don't have (jurisdiction what he blew) and it's not terribly likely he was allowed do that for a second DWI.

So he likely does have a criminal record. I do not agree with ICE and they're detaining people with no criminal records at all (and in some cases American citizens have been kept for days). Your friend needs to be very realistic about how bad this situation is.

[Anonymous]

It doesn’t matter. The “criminal record” thing was just a political talking point.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How would it not be. It's illegal, right?

Some things that are illegal are civil infractions, not criminal.
But "conviction" here makes me think OP's friend was convicted of a crime. OP, was your friend arrested? Were they told they had a right to an attorney? Was the conviction in criminal court?

hi! I’m the op.

I’m asking because a friends dear husband was picked up by ice. She said he’s innocent and has no criminal record.

But, when I asked further, she said he only has 2 DWIs, they were both more than 5 years ago, and he promised the judge he wouldn’t do it again.

So I’m trying to figure out if he has a record or not? She said she hired a lawyer and he’s going to file for amnesty? But she’s not sure how to answer the question on criminal convictions or not?

ONLY two DUIs?! Well...clearly he did do it again... promises are kept in one's actions, not one's words.

I think what ICE is doing is awful overall, but I have zero tolerance for drunk drivers. He almost certainly drove drunk many, many, many times outside of the "only" two times he got caught.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How would it not be. It's illegal, right?

Some things that are illegal are civil infractions, not criminal.
But "conviction" here makes me think OP's friend was convicted of a crime. OP, was your friend arrested? Were they told they had a right to an attorney? Was the conviction in criminal court?

hi! I’m the op.

I’m asking because a friends dear husband was picked up by ice. She said he’s innocent and has no criminal record.

But, when I asked further, she said he only has 2 DWIs, they were both more than 5 years ago, and he promised the judge he wouldn’t do it again.

So I’m trying to figure out if he has a record or not? She said she hired a lawyer and he’s going to file for amnesty? But she’s not sure how to answer the question on criminal convictions or not?

ONLY two DUIs?! Well...clearly he did do it again... promises are kept in one's actions, not one's words.

I think what ICE is doing is awful overall, but I have zero tolerance for drunk drivers. He almost certainly drove drunk many, many, many times outside of the "only" two times he got caught.

He did pinky swear not to do it again. We're all good now.