Traffic Law DUI/DWI
| Overview of Implied Consent in Drunk Driving Cases |
|
| Understandably, when a motorist is pulled over for drunk driving, the motorist is generally reluctant to agree to a chemical test because the test results could be used as evidence to convict the motorist of a drunk driving offense. Many states have implied consent laws that essentially provide that a person that drives a motor vehicle is deemed to have given consent to chemical testing of his or her blood or urine for the purpose of determining the alcohol content of the motorist's blood if the motorist is lawfully arrested. More... |
|
|
| Admissibility of Evidence of Drug Use in Driving Under the Influence of Drugs Cases |
|
| The finding of a drug of abuse in a subject's blood or urine may result in extreme prejudice against the defendant even if evidence of impairment is not convincing. The mere presence of such a controlled substance may be enough for conviction. For this reason, many courts require probable cause for suspecting drug impairment before a sample can be taken and/or analyzed for the drug. The Drug Evaluation and Classification program (DRE) evaluation in some cases will be enough to show probable cause. More... |
|
|
| Elements of Criminal Offense of DUI Manslaughter |
|
| If a driver's act of drunk driving results in the death of another person, the driver will be charged with some form of homicide. Some states, however, treat the offense as a form of aggravated drunk driving, variously described as, inter alia, "vehicular manslaughter", "manslaughter with a vehicle," "negligent homicide manslaughter," or "DUI manslaughter." More... |
|
|
| Penalties for DUI/DWI Offenses Involving the Operation of a Boat |
|
| The United States Coast Guard and the states cooperate fully in enforcement of laws to remove impaired boat operators from the waters. Both the Coast Guard and every state impose stringent penalties for violating boating under the influence (BUI) laws. More... |
|
|
| Driver Alcohol Education Programs as a Penalty for DUI/DWI |
|
| When a motorist is charged with driving under the influence (DUI) of alcohol or driving while intoxicated (DWI), the motorist is likely to face a multitude of possible penalties. In addition to jail time, fines, and suspensions, many states require motorists to participate in what is commonly called a driver alcohol education (DAE) program. For first-time offenders participation in the program may be either discretionary or mandatory depending upon the state. However, most states require participation for repeat offenders. More... |
|
|