Traffic Law DUI/DWI
| Admissibility of Field Sobriety Tests in Drunk Driving Cases¤ |
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| There are three standardized field sobriety tests (FSTs) that make up the Standardized Field Sobriety Test battery. They include the horizontal gaze nystagmus (HGN) test, the "walk and turn" test, and the "one-leg stand" test. The HGN test refers to an involuntary jerking as the eyes gaze toward the side. When intoxicated, a person's smooth and accurate control of his or her eye movements will break down. The walk and turn test and the one-leg stand test are referred to as the "divided attention" tests, which simulate the mental and physical capabilities a driver needs to drive safely. Of the three FSTs, the HGN is considered the most reliable field sobriety test, especially when used in combination with the divided attention tests. More... |
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| Penalties for Vehicular Homicide |
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| Vehicular homicide is a serious crime with serious penalties. The penalties for this crime vary depending on the state where the homicide occurred, the degree of the homicide, and any aggravating or mitigating circumstances. Vehicular homicide can be prosecuted as either a misdemeanor or a felony offense. 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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| Admissibility of Evidence of Drug Use in Driving Under the Influence of Drugs Cases |
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| The finding of a drug of abuse in a subject's blood or urine may result in extreme prejudice against the defendant even if evidence of impairment is not convincing. The mere presence of such a controlled substance may be enough for conviction. For this reason, many courts require probable cause for suspecting drug impairment before a sample can be taken and/or analyzed for the drug. The Drug Evaluation and Classification program (DRE) evaluation in some cases will be enough to show probable cause. More... |
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| Overview of License Violation Penalties |
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| The most common license violations include failing to possess a valid driver's license; driving with an expired license; driving on a revoked or suspended license; failing to notify the department of public safety or bureau of motor vehicles of a change of name or address; and operating a motor vehicle in violation of a restriction or an endorsement imposed on your license. Generally license violation offenses are considered misdemeanors. The motorists are usually required to pay a fine if the motorist commits a license violation. More... |
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