Traffic Law DUI/DWI
| Sober Living as Alternative Sentencing for DUI/DWI |
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| A court may consider imposing alternative sentencing in lieu of the statutorily required and/or suggested penalties for the repeat offender of a state's laws governing driving while intoxicated and/or driving under the influence (DWI/DUI). One such alternative is the "sober living" environment. Not all states allow this alternative; these states impose a mandatory sentence of imprisonment upon a repeat offender with no sentencing alternatives. More... |
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| Overview of Blood Alcohol Concentration (BAC) in Drunk Driving Cases |
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| All states and the District of Columbia have drunk driving statutes. Every statute contains a legal definition of intoxication, but the legal definition does vary between the states. In order for someone to be convicted of driving while under the influence (DUI), the prosecution must prove that the defendant was so affected by the consumption of alcohol that the defendant's faculties were impaired. It is not always necessary to show that the defendant's driving ability was impaired. More... |
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| Impact of DUI/DWI Conviction on Obtaining Employment |
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| Although most convictions from drunk driving are misdemeanors, any person convicted of drunk driving will have a criminal record. Drunk driving convictions can affect your ability to obtain or continue your employment. The majority of employers will run a background check on you and discover that you have been convicted of a drunk driving offense. For many employers, this will automatically disqualify you from employment. 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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| Penalties for Criminal Offense of Driving While Impaired |
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| The penalties for driving while impaired tend to be less harsh than the penalties for driving while under the influence or driving while intoxicated. The penalties for driving while impaired do vary depending upon the state. In most cases the offense for a first time offender is considered a misdemeanor. More... |
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