| Warrantless Searches of Motor Vehicle Occupants |
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| In the ordinary case, a search of private property must be both reasonable and conducted pursuant to a properly issued search warrant. However, law enforcement officers are empowered to search an automobile without a warrant, so long as it can be demonstrated that exigent circumstances rendered the obtaining of a warrant an impossible or impractical alternative and that probable cause existed for the search. The doctrine was initially premised on the notion that there was a constitutional difference between houses and cars, which are inherently mobile. However, mobility is no longer the prime justification for the automobile exception; rather, it is the diminished expectation of privacy which surrounds the automobile. More... |
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| Diversion Programs for DUI/DWI Offenses |
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| Some efforts to prevent recidivism among offenders charged with driving while intoxicated (DWI) or driving under the influence (DUI), particularly those drivers who suffer from alcohol-use disorders, focus on motivating the offenders to participate in treatment programs. A number of states have programs allowing certain drunk driver offenders to be diverted from criminal sanctions by entering alcohol education or treatment programs (DPs). More... |
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| Admissibility of Blood Alcohol Tests in Drunk Driving Cases |
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| All 50 states and the District of Columbia have enacted statutes requiring a motorist arrested for drunk driving to submit to a chemical blood test. These statutes are known as "implied consent" laws. Under these laws, a motorist suspected of driving under the influence of alcohol is deemed to have consented to a chemical analysis test designed to measure blood alcohol content level. 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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| Consequences of Guilty Plea in DUI/DWI Cases |
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| The first suspension in most drunk driving cases is the Administrative License Suspension (ALS). The ALS takes place immediately upon refusal to submit to the driving under the influence (DUI) tests, or upon testing over the state limit (usually .08) for breath. More... |
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