Traffic Law DUI/DWI
| Overview of Private Motor Vehicle Traffic Regulation |
|
| The ability to drive a motor vehicle on a public highway is not a fundamental right under the United States Constitution; it is a revocable privilege that is granted upon compliance with statutory licensing procedures. Whether the right to operate a motor vehicle it is termed a right or a privilege, one's ability to travel on public highways is always subject to reasonable regulation by the state in the valid exercise of its police power. Accordingly, state vehicle codes were promulgated to increase the safety and efficiency of public roadways, and it is viewed as an enhancement rather than an infringement upon a citizen's right to travel. The privilege properly may be revoked for noncompliance, and revocation is not an unconstitutional infringement of the revokee's right to travel. More... |
|
|
| Elements of Drunk Driving Offense |
|
| Drunk driving laws were enacted almost at the same time as the motor vehicle was invented. Over the years the statutes have been changed and strengthened. In 1982, legislation was passed requiring state drunk driving laws to include provisions for a blood-alcohol level of 0.10 as a per se offense and for license suspensions and minimal sentencing restrictions in order for states to continue to qualify for certain federal funding. Legislation passed in 2000 conditioned the availability of federal highway funds upon the states' adoption of a limit of 0.08. More... |
|
|
| Use of Prior Convictions/Prior Misconduct at DUI/DWI Trials |
|
| The statutes of almost all states provide for an increased penalty against a person convicted of a second or subsequent charge of drunk driving, with additional penalties ranging from higher fines to mandatory imprisonment and mandatory suspension of a person's driver's license. Since prior convictions are elements of the enhanced offense, they must be charged and proven by the prosecution. More... |
|
|
| 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. More... |
|
|
| Defendant's Right to Counsel Before Consenting to Chemical Test in Drunk Driving Case |
|
| Most people are aware that Miranda warnings must be given an accused before he or she is subjected to custodial interrogation. The warnings are intended to protect the privilege against self-incrimination, and the Fifth Amendment right to counsel was created to protect that privilege. However, if the privilege against self-incrimination is not implicated, the warnings are not required, and there is no right to counsel. The United States Supreme Court has held that "physical" evidence may be obtained from an accused without running afoul of the privilege. Therefore, the right to counsel privilege has been held inapplicable to physical or performance tests and chemical tests of bodily substances. More... |
|
|