Traffic Law DUI/DWI Newsletters
Consequences of Guilty Plea in DUI/DWI Cases
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.
Defendant's Right to a Jury Trial in DUI/DWI Cases
A defendant who has been charged with driving under the influence (DUI) or driving while intoxicated (DWI) does not necessarily have a right to a jury trial. Whether a defendant has the right to a jury trial will depend upon the state.
Defendant's Right to Independent Chemical Test in Drunk Driving Cases
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.
Penalties for DUI/DWI Offenses Involving the Operation of a Boat
The United States Coast Guard and the states cooperate fully in enforcement of laws to remove impaired boat operators from the waters. Both the Coast Guard and every state impose stringent penalties for violating boating under the influence (BUI) laws.
Role of Expert Testimony in Drunk Driving Cases
When an individual has been charged with drunk driving, the State will often present expert testimony concerning chemical tests. The State is required to provide a proper foundation for chemical tests. However, if the defense can show that the State's expert lacked the required qualifications or that another key component of a proper foundation for admissibility is missing, the defense can object to the admission of the chemical tests. Although courts may allow an expert to testify regarding the results of tests done by a lab technician under the expert's direct supervision, the evidence can be excluded if the defense can show that the expert witness had no knowledge about the details of the chemical analysis other than what the technician reported.
