| 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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| 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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| Entrapment Defense to a DUI Charge |
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| The defense of entrapment developed in response to increasingly severe and sophisticated forms of law enforcement "stings" and other encouragement of criminal behavior. Defendants have claimed entrapment in cases involving a wide variety of criminal activity, but the defense is infrequently used in prosecutions for driving while intoxicate (DWI) or driving under the influence (DUI). More... |
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| Penalties for Driving Under the Influence of Drugs |
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| In most states, the penalties for driving under the influence of drugs are the same or very similar to the penalties imposed for driving while under the influence of alcohol. The penalties for these offenses are so varied that it would be impractical to discuss each state's penalties. Many states have adopted sentencing guidelines that are similar to the Federal Sentencing Guidelines. The guidelines generally provide a sentencing range for each type of offense and provide the aggravating and mitigating factors that can increase or decrease the sentence. More... |
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| Criminal Offense of Failure to Use/Improper Use of Turn Signals, Headlights, and Emergency Flashers |
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| In the exercise of its police power, a state may establish minimum equipment and usage standards for lighting equipment of motor vehicles, including headlamps, rear lighting, turn signals, and hazard warning lights. More... |
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