Traffic Law DUI/DWI
| Criminal Offense of Hit and Run and Failure to Remain at the Scene |
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| A hit and run car accident is generally defined as a person's failure to stop after a motor vehicle accident. When a person operating a motor vehicle is involved in an accident, the operator is legally required to stop, provide information to the owner of whatever property is damaged, and provide any aid to anyone who may have been injured. Many state statutes require a motorist to render all the aid that reasonably appears to him or her, as an ordinary person, to be necessary. The duty is not excused even if the injured person is unconscious, dead, or believed to be dead. More... |
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| 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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| Immigration Consequences of a DUI/DWI Conviction |
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| The dangers and consequences of drunken driving are obviously serious, but the consequences of drunken driving convictions for non-citizens of the United States can be grave. In addition to the possibility of losing driving privileges and facing higher insurance premiums, drunken driving convictions may lead to inadmissibility or to deportation of the noncitizen from the United States, denial of adjustment during the green card process, or a finding of bad moral character at a naturalization interview. More... |
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| Warrantless Inventory Searches of Impounded Vehicles |
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| Under the Fourth Amendment to the United States Constitution, every search or seizure by a government agent must be reasonable. In general, searches and seizures are unreasonable and invalid unless based on probable cause and executed pursuant to a warrant. However, certain kinds of searches and seizures are valid as exceptions to the probable cause and warrant requirements. One such exception is an inventory search of an impounded vehicle. Court have upheld inventory searches of vehicles lawfully in police custody, including searches of the passenger compartment, glove compartment, trunk, engine compartments, and any containers in the vehicle. More... |
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| Electronic Monitoring as Alternative Sentencing for DUI/DWI |
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| Driving under the influence (DUI) or driving while intoxicated (DWI) can result in harsh penalties in the form of mandatory prison sentences and license suspensions. However, there are sentencing alternatives. One such alternative is electronic monitoring. More... |
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