| Vehicle and License Plate Sanctions for DUI/DWI |
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| When a defendant is convicted of driving under the influence or driving while intoxicated, the defendant is usually subject to a license revocation or suspension, fines, and possible jail time. In addition, many states provide for penalties that affect the defendant's vehicle and license plates. More... |
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| Consequences of Guilty Plea in DUI/DWI Cases |
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| The first suspension in most drunk driving cases is the Administrative License Suspension (ALS). The ALS takes place immediately upon refusal to submit to the driving under the influence (DUI) tests, or upon testing over the state limit (usually .08) for breath. More... |
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| Necessity Defense to a DUI Charge |
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| There are certain defenses that can be raised by a motorist charged with the offense of drunk driving, either driving while under the influence (DUI) or driving while intoxicated (DWI). One such defense is the "necessity" defense. This defense, which is sometimes referred to as ''choice of evils,'' and ''competing harms'' defenses, is presented when the motorist admits that he or she drove while intoxicated, but did so under threatening circumstances. The necessity defense exculpates the motorist for conduct that would otherwise be a crime when the motorist engages in the conduct in order to prevent something worse from occurring. More... |
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| Pre-Sentencing Alcohol Evaluations in DUI/DWI Cases |
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| Most state laws governing driving under the influence (DUI) and/or driving while intoxicated (DWI) mandate that offenders receive intervention and treatment. According to these laws, if an offender is convicted of DWI/DUI, the offender is required to obtain a clinical substance abuse assessment to determine whether he or she will be recommended to complete a substance abuse education class or treatment program. More... |
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| Elements of OUI/OWI (Operating Under the Influence or While Intoxicated) |
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| There are various statutory formulations used to describe the requisite elements of the criminal act of drunk driving. In a number of states, the requisite act consists solely of ''operating.'' These laws are known by the acronyms, OWI (driving while intoxicated) or OUI (driving under the influence). More... |
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