Traffic Law DUI/DWI
| 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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| 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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| Defendant's Right to Independent Chemical Test in Drunk Driving Cases |
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| Although a few states have determined that a motorist has a constitutional right to an independent chemical test, that majority of states have provided this right by statute. The right is generally for a motorist to obtain an independent chemical test by a doctor of the motorist's choosing. The most commonly used tests by police officers are the breath tests. However, the privately administered sobriety test given most often is the blood test. Many believe that the blood test will be more favorable to a motorist that a breath test. More... |
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| Victim Impact Statements in DUI/DWI Cases |
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| Victim impact statements are typically addressed in cases involving drunk driving accidents resulting in serious injury or death. Such offenses are charged as felonies, punishable by incarceration of up to five to seven years in the case of injury and up to 30 years in the case of death. 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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