Traffic Law DUI/DWI
| Implied Consent Laws in Driving Under the Influence of Drugs Cases |
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| Many states have an implied consent law that essentially provides that a person that drives a motor vehicle is deemed to have given consent to chemical testing of his or her blood or urine for the purpose of determining the drug content of the motorist's blood if the motorist is lawfully arrested. The implied consent laws generally penalize a motorist with license suspension or other sanctions if the motorist refuses to provide a sample of blood or urine for testing. However, some states, such as New Jersey, do not have an implied consent law for testing for drugs. Some states provide for testing, but do not provide for the taking of multiple samples. More... |
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| Sober Living as Alternative Sentencing for DUI/DWI |
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| A court may consider imposing alternative sentencing in lieu of the statutorily required and/or suggested penalties for the repeat offender of a state's laws governing driving while intoxicated and/or driving under the influence (DWI/DUI). One such alternative is the "sober living" environment. Not all states allow this alternative; these states impose a mandatory sentence of imprisonment upon a repeat offender with no sentencing alternatives. More... |
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| Penalties for Drunk Driving |
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| State legislatures have enacted drunk driving laws that impose strict penalties on offenders. One of the mechanisms most widely used to combat drunk driving and increase highway safety is administrative license suspension (ALS). More... |
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| Elements of Criminal Offense of Driving While Impaired |
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| Drunk driving statutes across the country are not uniform in how they describe the degree of inebriation that is required for conviction for a drunk driving offense. For example, some states have interpreted the terms "intoxicated" and "under the influence" as meaning the same thing, while others have concluded that the two terms represent different levels of impairment. States that view the terms as the same conclude that the degree of inebriation or impairment of the faculties required are the same. More... |
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| Criminal Offense of Driving Under the Influence of Drugs |
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| The criminal offense of driving under the influence of drugs is similar to the criminal offense of driving while under the influence of alcohol. The crime of driving under the influence of drugs is codified and defined in the same statute as drunk driving in most states. The elements of driving under the influence of drugs are also virtually identical to the elements for drunk driving. More... |
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