Traffic Law DUI/DWI
| Use of Prior Convictions/Prior Misconduct at DUI/DWI Trials |
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| 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... |
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| License Suspensions for DUI/DWI |
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| Even if a driving under the influence (DUI) or driving while intoxicated (DWI) defendant does not receive a sentence of incarceration, it is likely that the defendant's license will be suspended or revoked. Courts are often limited by statute as to whether they can change the suspension terms to limit the impact on a defendant. A license suspension is generally not intended as a punishment but rather as a civil penalty imposed to protect the public. 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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| Traffic Control Device Violations |
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| The right to drive on the highways and streets for travel and transportation of goods is not an absolute right, and it is not an unqualified right. A person's use of highways and streets is subject to traffic laws and the person's adherence to traffic control devices such as street signs and lights. More... |
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| Use of HawkEye Infrared Device to Check for DUI/DWI |
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| A California company has created a new tool for law enforcement in the war on drinking or taking drugs and driving. The HawkEye law enforcement system is a lightweight, handheld device that captures a driver's eye behavior on either a computer or DVD. The device is now being used by police officers at select sobriety checkpoints throughout the United States. More... |
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