| 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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| Auto Insurance for Individuals Convicted of DUI/DWI |
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| Car insurance companies frown upon drunk drivers and enforce serious penalties to those who have been charged with drunk driving, or other alcohol-related driving offenses. Convictions for such offenses will cause many insurance carriers to raise the rates significantly or cancel an insured, either during mid-term or at the end of insurance term. More... |
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| Chemical Test Presumptions in Drunk Driving Cases |
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| If you have ever been arrested for drunk driving you were probably given some sort of chemical test to determine your blood alcohol content. The most common chemical tests include a breath test or blood test. Many jurisdictions have statutes that allow prosecutors to give presumptive effect to chemical test readings of blood-alcohol content. In other words, if a person's blood alcohol content is at a certain level, the court will presume automatically that the person was driving under the influence of alcohol. Depending on the jurisdiction, some statutes will use the word "presumption," while others use the term "prima facie evidence." More... |
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| Failure to Yield Traffic Violations |
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| State highway statutes and local ordinances set forth violations for offenses for which violators may be arrested without arrest warrants. One such violation is the failure to yield the right-of-way. Right-of-way merely means a preference to one of two vehicles asserting the right of passage at the same place and at approximately the same time. Generally speaking, the driver of the vehicle on the left must yield the right-of-way to the vehicle on the right. Moreover, the right-of-way is not absolute as the relative speeds and positions of drivers with respect to the intersection must be considered.
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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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