| Elements of Drunk Driving Offense |
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| Drunk driving laws were enacted almost at the same time as the motor vehicle was invented. Over the years the statutes have been changed and strengthened. In 1982, legislation was passed requiring state drunk driving laws to include provisions for a blood-alcohol level of 0.10 as a per se offense and for license suspensions and minimal sentencing restrictions in order for states to continue to qualify for certain federal funding. Legislation passed in 2000 conditioned the availability of federal highway funds upon the states' adoption of a limit of 0.08. More... |
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| Penalties for DUI/DWI Offenses Involving Operation of Aircraft |
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| A state may enact a statute rendering it unlawful to operate an aircraft while under the influence of intoxicating liquors, or in such a careless and reckless manner as to endanger the life or property of another. These statutes will also impose penalties, typically a fine and potential incarceration. Such statutes are strictly enforced, and any conviction can be later used to enhance a charge of operating a motor vehicle while intoxicated. More... |
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| Elements of Criminal Offense of Driving While Impaired |
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| Drunk driving statutes across the country are not uniform in how they describe the degree of inebriation that is required for conviction for a drunk driving offense. For example, some states have interpreted the terms "intoxicated" and "under the influence" as meaning the same thing, while others have concluded that the two terms represent different levels of impairment. States that view the terms as the same conclude that the degree of inebriation or impairment of the faculties required are the same. More... |
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| Penalties for DUI Manslaughter |
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| Manslaughter is the unlawful killing of another human being, but not done with intent or malice. In response to the increasing number of homicides caused by drunk drivers, some states have created a distinct offense for deaths caused by drunk driving. These are commonly referred to as, inter alia, "vehicular manslaughter", "manslaughter with a vehicle," "negligent homicide manslaughter," or "DUI manslaughter." More... |
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| Overview of Implied Consent in Drunk Driving Cases |
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| Understandably, when a motorist is pulled over for drunk driving, the motorist is generally reluctant to agree to a chemical test because the test results could be used as evidence to convict the motorist of a drunk driving offense. Many states have implied consent laws that essentially provide that a person that drives a motor vehicle is deemed to have given consent to chemical testing of his or her blood or urine for the purpose of determining the alcohol content of the motorist's blood if the motorist is lawfully arrested. More... |
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