Traffic Law DUI/DWI
| Rising Alcohol Defense in DUI/DWI Cases |
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| Drunk driving statutes across the country are not always uniform in how they describe the degree of inebriation that is required for conviction for driving under the influence (DUI) and driving while intoxicated (DWI). However, they do generally provide that it is unlawful to have an excessive blood-alcohol concentration at the driving of driving – not at the time of being tested. The statutes in most states provide provisions for a per se illegal offense when a motorist's blood-alcohol level is at or above 0.08%. More... |
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| Elements of DUI/DWI Offenses Involving Operation of Aircraft |
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| It is unlawful for any person who is under the influence of intoxicating liquor or drugs to drive, operate, or take actual physical control of a motor vehicle in a public place. This is commonly referred to as driving under the influence (DUI) and operating under the influence (OUI). This offense also applies to operating aircraft, and many states specifically list an aircraft as a type of "vehicle" included in the applicable vehicle code. Other states cover the operation of an aircraft in a separate section within its code. More... |
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| Probable Cause in Drunk Driving Cases |
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| In order to make a lawful arrest for drunk driving, there must be "probable cause" to believe that the driver has violated the drunk driving statute. ''Probable cause'' exists when the facts and circumstances within the officer's knowledge at the time of the arrest are sufficient to warrant the belief by a reasonable and prudent person that an offense has been committed. Probable cause must be based on objective facts and circumstances and not upon the personal opinions or suspicions of the officer. Further, probable cause must exist at the moment of police action and not thereafter. More... |
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| Criminal Offense of Failing to Provide Proof of a Vehicle's Inspection |
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| Many states require a motorist to obtain a vehicle inspection before the vehicle can be titled in the state. The inspections in most states consist of two primary parts. The first part of the inspection is a safety inspection, which covers such items as tires, brakes, and windows. The second part of the inspection is an exhaust emissions inspection, which checks the vehicle's exhaust and tests the fuel system for leaks. More... |
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| Ignition Interlock Devices in DUI Cases |
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| State legislatures have addressed the public safety problem of recidivist drunk drivers by authorizing various types of law enforcement tools. One such tool is the "ignition interlock" device, which attaches to the vehicle's steering mechanism and ignition. When used by the courts or state motor vehicle departments in conjunction with a monitoring, reporting, and support program, the ignition interlock system provides drunk driving offenders (driving while intoxicated (DWI) or driving under the influence (DUI)) with an alternative to full license suspension. More... |
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