Traffic Law DUI/DWI
| Elements of Felony DUI/DWI |
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| The elements of the criminal offense of driving under the influence (DUI) and driving while intoxicated (DWI) are universal in most jurisdictions. The elements include the following: (1) that the defendant operated or was in physical control of a vehicle upon a roadway; (2) within the court's jurisdiction; and (3) and the operation occurred while the defendant was either under the influence of an intoxicant or narcotic to the extent that his or her normal faculties were impaired or the defendant was driving with a blood alcohol concentration above a prohibited level. More... |
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| Elements of Criminal Offense of Driving While Impaired |
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| Drunk driving statutes across the country are not uniform in how they describe the degree of inebriation that is required for conviction for a drunk driving offense. For example, some states have interpreted the terms "intoxicated" and "under the influence" as meaning the same thing, while others have concluded that the two terms represent different levels of impairment. States that view the terms as the same conclude that the degree of inebriation or impairment of the faculties required are the same. More... |
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| Defendant's Right to a Jury Trial in DUI/DWI Cases |
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| A defendant who has been charged with driving under the influence (DUI) or driving while intoxicated (DWI) does not necessarily have a right to a jury trial. Whether a defendant has the right to a jury trial will depend upon the state. More... |
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| 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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| Use of HawkEye Infrared Device to Check for DUI/DWI |
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| A California company has created a new tool for law enforcement in the war on drinking or taking drugs and driving. The HawkEye law enforcement system is a lightweight, handheld device that captures a driver's eye behavior on either a computer or DVD. The device is now being used by police officers at select sobriety checkpoints throughout the United States. More... |
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