Traffic Law DUI/DWI
| Enhanced Sentencing for OUI/OWI Offenses |
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| The penalties imposed by states for operating while intoxicated (OWI) and operating under the influence (OUI) follow the same general pattern of penalties imposed by states enforcing laws for driving under the influence (DUI) and/or driving while intoxicated (DWI). Frequently, the sentencing provisions of the OWI/OUI laws impose greater penalties upon offenders who had prior OWI/OUI convictions, a prior related loss of license, or a "high" blood alcohol concentration (BAC). States vary in terms of the high-BAC threshold (which ranges from .15 to .20 percent), and the types, severity, and complexity of sanctions. More... |
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| Defendant's Right to Independent Chemical Test in Drunk Driving Cases |
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| Although a few states have determined that a motorist has a constitutional right to an independent chemical test, that majority of states have provided this right by statute. The right is generally for a motorist to obtain an independent chemical test by a doctor of the motorist's choosing. The most commonly used tests by police officers are the breath tests. However, the privately administered sobriety test given most often is the blood test. Many believe that the blood test will be more favorable to a motorist that a breath test. More... |
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| DUI School |
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| In an effort to attack the problem of drunken driving, most drunk driving legislation currently provides a combination of punishment and treatment. Consequently, offenders charged with driving while intoxicated (DWI) or driving under the influence (DUI) are sentenced to probation rather than incarceration. As part of their probationary conditions, DWI/DUI offenders are often directed to participate in a driver education program, commonly referred to as "DUI schools," which incorporate alcohol rehabilitation and education programs. More... |
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| Overview of License Violation Penalties |
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| The most common license violations include failing to possess a valid driver's license; driving with an expired license; driving on a revoked or suspended license; failing to notify the department of public safety or bureau of motor vehicles of a change of name or address; and operating a motor vehicle in violation of a restriction or an endorsement imposed on your license. Generally license violation offenses are considered misdemeanors. The motorists are usually required to pay a fine if the motorist commits a license violation. More... |
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| Driver Alcohol Education Programs as a Penalty for DUI/DWI |
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| When a motorist is charged with driving under the influence (DUI) of alcohol or driving while intoxicated (DWI), the motorist is likely to face a multitude of possible penalties. In addition to jail time, fines, and suspensions, many states require motorists to participate in what is commonly called a driver alcohol education (DAE) program. For first-time offenders participation in the program may be either discretionary or mandatory depending upon the state. However, most states require participation for repeat offenders. More... |
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