| Penalties for OUI/OWI (Operating Under the Influence or While Intoxicated) |
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| The penalties imposed by states for operating while intoxicated (OWI) and operating under the influence (OUI) follow the same pattern of penalties imposed by states enforcing laws for driving under the influence (DUI) and/or driving while intoxicated (DWI). In general, all states and the District of Columbia have "per se" laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a proscribed level of 0.08. percent and above. More... |
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| Penalties for Drunk Driving |
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| State legislatures have enacted drunk driving laws that impose strict penalties on offenders. One of the mechanisms most widely used to combat drunk driving and increase highway safety is administrative license suspension (ALS). More... |
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| DUI Roadblocks |
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| When a vehicle is stopped due to a roadblock that has as its main purpose the detection of drunk drivers and/or a license and safety check, there is a split of authority as to whether the stop violates the Fourth Amendment to the United States Constitution.
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| Consequences for Refusing to Submit to Blood Alcohol or Field Sobriety Tests |
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| As chemical testing has evolved into a much relied on prosecution tool, ''implied consent'' laws have evolved to defeat the drunk driver's inclination to refuse to consent to such testing. An implied consent statute does not command that a person suspected of driving while intoxicated be forced to submit to a chemical test; rather, the person may refuse to take a chemical test of his or her blood, breath or urine, but if certain statutorily prescribed procedures are complied with, such a refusal does not go unpunished. More... |
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| DUI in a School Zone |
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| In general, all states provide for maximization of penalties when a driving offense involves a school bus or it is committed within a school zone. New Jersey is unique in establishing a law imposing stiff penalties for drunk driving and other serious traffic offenses when committed in the vicinity of a school or a school crossing. More... |
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