Traffic Law DUI/DWI
| Consequences for First Time DUI/DWI Offenders |
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| If you have been charged with driving under the influence (DUI) or driving while intoxicated (DWI) you may face a multitude of penalties even if it is your first offense. The penalties for these offenses are so varied that it would be impractical to discuss each state's penalties. Many states have adopted sentencing guidelines that provide a sentencing range for each type of offense and provide the aggravating and mitigating factors that can increase or decrease the sentence. More... |
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| Elements of OUI/OWI (Operating Under the Influence or While Intoxicated) |
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| There are various statutory formulations used to describe the requisite elements of the criminal act of drunk driving. In a number of states, the requisite act consists solely of ''operating.'' These laws are known by the acronyms, OWI (driving while intoxicated) or OUI (driving under the influence). More... |
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| Warrantless Inventory Searches of Impounded Vehicles |
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| Under the Fourth Amendment to the United States Constitution, every search or seizure by a government agent must be reasonable. In general, searches and seizures are unreasonable and invalid unless based on probable cause and executed pursuant to a warrant. However, certain kinds of searches and seizures are valid as exceptions to the probable cause and warrant requirements. One such exception is an inventory search of an impounded vehicle. Court have upheld inventory searches of vehicles lawfully in police custody, including searches of the passenger compartment, glove compartment, trunk, engine compartments, and any containers in the vehicle. More... |
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| Overview of Blood Alcohol Concentration (BAC) in Drunk Driving Cases |
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| All states and the District of Columbia have drunk driving statutes. Every statute contains a legal definition of intoxication, but the legal definition does vary between the states. In order for someone to be convicted of driving while under the influence (DUI), the prosecution must prove that the defendant was so affected by the consumption of alcohol that the defendant's faculties were impaired. It is not always necessary to show that the defendant's driving ability was impaired. More... |
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| Role of Expert Testimony in Drunk Driving Cases |
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| When an individual has been charged with drunk driving, the State will often present expert testimony concerning chemical tests. The State is required to provide a proper foundation for chemical tests. However, if the defense can show that the State's expert lacked the required qualifications or that another key component of a proper foundation for admissibility is missing, the defense can object to the admission of the chemical tests. Although courts may allow an expert to testify regarding the results of tests done by a lab technician under the expert's direct supervision, the evidence can be excluded if the defense can show that the expert witness had no knowledge about the details of the chemical analysis other than what the technician reported.
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