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Breathalyzer versus Blood Tests in Drunk Driving Cases
The most frequently used test in drunk driving cases is the breath test, or Breathalyzer test. The breath test is used more frequently that urine or blood tests to test for the blood alcohol level because it is less intrusive and the apparatus is easily portable and convenient to use, even in the field. Because blood tests are universally relied upon as stronger evidence than breath tests, the prosecution will seek it whenever it can. In many states, a blood test may only be administered in cases involving death or serious bodily injury, or when the motorist required medical treatment and the administration of a breath or urine test was impractical or impossible. ¤Although a motorist may refuse this test, the refusal is usually admissible in evidence against the motorist at the administrative or judicial hearing.
Entrapment Defense to a DUI Charge
The defense of entrapment developed in response to increasingly severe and sophisticated forms of law enforcement "stings" and other encouragement of criminal behavior. Defendants have claimed entrapment in cases involving a wide variety of criminal activity, but the defense is infrequently used in prosecutions for driving while intoxicate (DWI) or driving under the influence (DUI).
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."
Criminal Offense of Failing to Provide Proof of a Vehicle's Inspection
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.
Penalties for OUI/OWI (Operating Under the Influence or While Intoxicated)
The penalties imposed by states for operating while intoxicated (OWI) and operating under the influence (OUI) follow the same pattern of penalties imposed by states enforcing laws for driving under the influence (DUI) and/or driving while intoxicated (DWI). In general, all states and the District of Columbia have "per se" laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a proscribed level of 0.08. percent and above.
