Traffic Law DUI/DWI
| Sleep Disorder Defense to a DUI Charge |
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| In its report, Drowsy Driving and Automobile Crashes, National Highway Traffic Safety Administration, NCSDR/NHTSA Expert Panel on Driver Fatigue and Sleepiness, the National Highway Traffic Safety Administration (NHTSA) conservatively estimated that 100,000 police-reported crashes were the direct result of driver fatigue each year, resulting in an estimated 1,500 deaths, 71,000 injuries, and $ 12.5 billion in monetary losses. More... |
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| Admissibility of Blood Alcohol Tests in Drunk Driving Cases |
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| All 50 states and the District of Columbia have enacted statutes requiring a motorist arrested for drunk driving to submit to a chemical blood test. These statutes are known as "implied consent" laws. Under these laws, a motorist suspected of driving under the influence of alcohol is deemed to have consented to a chemical analysis test designed to measure blood alcohol content level. More... |
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| Rising Alcohol Defense in DUI/DWI Cases |
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| Drunk driving statutes across the country are not always uniform in how they describe the degree of inebriation that is required for conviction for driving under the influence (DUI) and driving while intoxicated (DWI). However, they do generally provide that it is unlawful to have an excessive blood-alcohol concentration at the driving of driving – not at the time of being tested. The statutes in most states provide provisions for a per se illegal offense when a motorist's blood-alcohol level is at or above 0.08%. More... |
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| Expungement of DUI/DWI Convictions |
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| If you have been convicted of driving under the influence (DUI) or driving while intoxicated (DWI), you have a criminal record. Contrary to popular belief, the conviction does not go off your criminal record after seven or ten years. The conviction stays on your record for life unless you do something. However, in many cases, a convicted drunk driver can have his or her record expunged. More... |
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| 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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