JONATHAN BURGE

Attorney at Law

Beginning July 1, 2007 a new law goes into effect for "highly intoxicated" DWI offenders.  Basically, if a person's blood or breath alcohol level is .15 or higher they are classified as a "highly intoxicated" offender.  This new law calls for a minimum 6 month absolute license suspension on a first offense.  That means no work permit.

Since the law is so new it is difficult to say how it will be attacked.  However, one of the ways it is sure to be attached by DWI attorneys will be to force cases to trial.  Once the system gets clogged the prosecution will be forced to offer better deals.  In addition, to prove this type of case a number of additional witnesses are required, including the person giving the blood or breath test and the person who tests the testing machines.  When these additional witnesses don't appear, the case should be knocked down to a straight DWI.

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