Traffic Law DUI/DWI
| Consequences of No Contest Plea in DUI/DWI cases |
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| Pleading no contest or nolo contendere means you admit no guilt for the crime, but merely signify your consent to being punished as if you were guilty. In the context of a drunk driving DUI (driving while intoxicated) or DWI (driving while under the influence) offense, such a plea is usually discretionary with the judge. 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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| Penalties for Traffic Device Control Violations |
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| Most states maintain statutes directing motorists to obey traffic control devices, including green, yellow, and red signals or arrows, lane direction control signals, stop signs, and yield signs. In addition to directing drivers to obey the directions of traffic control devices, the governing statute will explain the appropriate driver responses to traffic control devices. For example, a statute may direct that a driver stop at a clearly marked stop line as the driver approaches a flashing red light used in a traffic control device or with a traffic sign. These statutes also direct driver responses in the event the traffic control signal is out of operation or functioning improperly. More... |
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| Overview of Underage DUI/DWI Laws |
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| The United States Congress passed the National Highway System Designation Act of 1995, which required states to enact and enforce zero-tolerance laws aimed at individuals under the age of 21 (a "juvenile") who have a blood-alcohol concentration (BAC) of 0.02% or greater while operating a motor vehicle. This federal law required states to pass zero-tolerance legislation as a condition for receiving federal transportation funds. 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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