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To: dbacks
[In many states today DWI is a felony.]

Can you provide proof? I would like to know which ones. I believe most are misdemeanors or, in some, petty offenses.

Right, it is usually a misdemeanor absent aggravating factors such as previous conviction, causing accident with injury, endangering a minor, drag racing, etc., per Law Summary here.

(The summary glosses over any distinction between DUI and DWI, but some states have DWI as a more serious charge such as DUI being blood alcohol level BAL of .08 and DWI being, for example, a BAL of .15 or higher. Other states just use one term or the other (DUI and DWI) and don't make such a distinction.)

In New Hampshire, the charge of 30 miles or more over the limit when DWI makes it aggravated DWI, but it is not a felony unless there is an accident with serious bodily injury. Consider New Hampshire Laws Section 265-A:3 with penalties part at Section 265-A:18 by shown here.

43 posted on 01/12/2008 12:01:45 PM PST by BillF (Fight terrorists in Iraq & elsewhere, instead of waiting for them to come to America!)
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To: RightWingConspirator

I intended to ping you to 43.


46 posted on 01/12/2008 1:03:45 PM PST by BillF (Fight terrorists in Iraq & elsewhere, instead of waiting for them to come to America!)
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To: BillF

Thanks for the info and the links.

If I am not mistaken, here in Pa the refusal of the test will still result in a year long suspension, but it avoids the costs of a DUI on your record and the sky high car insurance rates.


95 posted on 01/13/2008 3:02:32 AM PST by Harvey105
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