Types and Levels of Alcohol-Related Crimes
Class C Misdemeanor – Up to $500 fine
Theft under $100
Criminal Mischief under $100
Purchase of Alcohol by a Minor
Possession of Drug Paraphernalia
Consumption of Alcohol by a Minor
Possession of Alcohol by a Minor
Misrepresentation of Age by a Minor
Possession of Alcoholic Beverage in a Motor Vehicle
Driving Under the Influence of Alcohol by a Minor (DUI)
Class B Misdemeanor – Up to 180 days in jail and up to $2,000 fine
Theft $100 to $750
Criminal Mischief $100 to $750
Criminal Trespass of a Building
Driving While Intoxicated (DWI)
Possession of Marijuana – 2 ounces or less
Class A Misdemeanor – Up to 1 year in jail and up to $4,000 fine
Theft $750 to $2,500
Criminal Mischief $750 to $2,500
Criminal Trespass of a Habitation
Burglary of a Vehicle
Unlawful Carrying Weapons
Driving While Intoxicated, 2nd Offense (DWI 2nd)
Driving While Intoxicated with Alcohol Concentration above 0.15
Sale of Alcohol to a Minor
Purchase of Alcohol for a Minor
Assault Family Violence
Terroristic Threat of Family Member or Public Servant
Violation of a Protective Order
Possession of Marijuana – More than 2 ounces but less than 4 ounces
Client pulled over after altercation with another driver. Police investigated and arrested for DWI. Government lacked proof that client was intoxicated. Case was never submitted to the police department.
DWI—Case reduced to obstruction of a highway
Client was arrested for DWI and test results came back showing both alcohol and methamphetamine in client’s system. Based on low alcohol test results and showing that methamphetamine found in system could have been inactive at the time of driving, DA’s office agreed to offer an obstruction of a highway.
DWI—Case reduced to obstruction of a highway
Client was arrested for DWI. Blood test results showed both alcohol and marijuana in his system. Demonstrated that blood results conflicted with the officer’s findings at the scene and showed that the alcohol result would have been very near the legal limit when the defendant was driving. DA’s office offered an obstruction of a highway instead of DWI charge.
DWI—Time served despite scientific findings showing a blood alcohol content of above 0.15
Client was highly intoxicated at the time of driving. Able to negotiate a settlement for time served on the case without a finding that the blood alcohol level was 0.15 or higher when driving. This result prevented our client from having to serve additional jail time or up to two years of probation.
Minor in Possession of Alcohol—Case dismissed and expunged
Client was driving a car with multiple teenage occupants. A bottle of alcohol was found in the vehicle that client admitted was one left in the car a few days earlier by his parents. Although technically in possession of the alcohol, we were able to negotiate a dismissal allowing for an immediate expunction for the charge.
Public Intoxication—Case dismissed and expunged
Client was found in his car parked in a parking lot. When officers contacted him, he threw up and was charged with public intoxication. We were able to demonstrate that police officers failed to take the necessary steps to show that his sickness was caused by intoxication and not another issue. Case was eventually dismissed and immediately expunged.
Minor in Possession of Alcohol—Case dismissed
Client was cited with other teenagers at an outdoor party for having alcohol. Officer had photos of client with a bottle in her hands and client admitted to having the alcohol. We were able to negotiate a dismissal of the charge and the case is eligible for expunction.
Possession of Marijuana—Case not filed by police
Teenage client with no record and plans to enter the military in about a month. Negotiated an immediate dismissal to allow for his joining the military.
Possession of a Controlled Substance – Case not filed by police
Intervened for client with police by giving further explanation of events that led to arrest and proof of clean drug tests. Police did not file case with the DA’s office.
Violation of a Protective Order – Case dismissed
Business executive with significant addiction issue shows up at his former home while highly inebriated and in violation of a protective order. We were able to negotiate a conditional dismissal based on proven sobriety and an anger management course. Case was dismissed and is eligible for expunction.
Resisting Arrest – Rejected by DA’s office
Professional female who resisted when police tried to arrest her in the middle of the night based on a traffic offense. We were able to show that police were making an arrest as a pretext to searching her car—which they had no lawful right to search. The DA’s office agreed to reject the case.
Unlawful Carrying of Weapons—Case dismissed
Client had a gun and marijuana at the same time leading to this charge. We had client complete a gun safety course and got the case dismissed.
Possession of Marijuana—Case dismissed
Client was a middle-aged man who had no criminal record. We provided negative drug test results and case was dismissed.