Traffic Law DUI/DWI
| 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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| Entrapment Defense to a DUI Charge |
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| The defense of entrapment developed in response to increasingly severe and sophisticated forms of law enforcement "stings" and other encouragement of criminal behavior. Defendants have claimed entrapment in cases involving a wide variety of criminal activity, but the defense is infrequently used in prosecutions for driving while intoxicate (DWI) or driving under the influence (DUI). 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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| Criminal Offense of Driving at an Excessive Rate of Speed |
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| A speeding offense constitutes the operation of a motor vehicle at a speed in excess of that permitted under the state statutes, local ordinances, or highway or traffic commission regulations. The typical speed statute prohibits driving in excess of a specified number of miles per hour. In addition to setting forth the specified maximum rate of speed, the speed statutes usually contain provisions prohibiting driving at a speed greater than is ''reasonable and proper'' or ''reasonable and prudent'' under the prevailing conditions or having regard to the actual and potential hazards then existing, or words of similar import. More... |
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| Ignition Interlock Devices in DUI Cases |
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| State legislatures have addressed the public safety problem of recidivist drunk drivers by authorizing various types of law enforcement tools. One such tool is the "ignition interlock" device, which attaches to the vehicle's steering mechanism and ignition. When used by the courts or state motor vehicle departments in conjunction with a monitoring, reporting, and support program, the ignition interlock system provides drunk driving offenders (driving while intoxicated (DWI) or driving under the influence (DUI)) with an alternative to full license suspension. More... |
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