DUI Law

Driving Under the Influence (DUI) law, also referred to as Driving While Intoxicated (DWI) law, refers to state statutes and municipal ordinances that make it illegal to operate a motor vehicle after consuming a specified amount of alcohol. These cases are criminal in nature, although they can involve civil penalties, such as a suspension of driving privileges. DUI laws often include prohibitions against driving under the influence of controlled substances as well.

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  • Colorado's Felony DUI Bill

    Under Colorado law a DUI or DWAI offense is a misdemeanor. Circumstance surrounding the offense could lead for felony changes; but the drunken driving offense itself is always a misdemeanor. Legislation currently in the Colorado House of Representatives looks to change that.

  • Your Rights When Stopped by Police

    When an individual is stopped by the police it can be an overwhelming experience, especially when there is the possibility of criminal charges.

  • Warratless Blood Draw in DUI Investigation

    In Missouri v. McNeely, the United States Supreme Court decided that a blood draw is a search which is protected under the Fourth Amendment.

  • What are the Penalties for a First Offense DUI in Columbus, Ohio?

    A DUI charge (called "OVI" in Ohio) is a serious offense. Although charged as a first degree misdemeanor, a first DUI conviction in Ohio includes mandatory penalties, including three days in jail, high fines, and a license suspension for up to three years.

  • NJ Senate Approves Change to DWI Law and Require Interlock Machine on Car

    New law permits DWI defendants to drive after having the machine installed. NJ Senate on February 5 voted 29-4 to change the DWI Law to require a car interlock device. Senate Bill No. 385 is now being submitted to the Governor for signature. The Assembly approved the bill in June, 2014.

  • Social Host Liability Laws in New Jersey

    Under New Jersey’s social host liability laws, people who serve alcohol to guests in their homes are liable for any injuries that a guest may cause if they become intoxicated.

  • Reasonable Suspicion to Stop a Vehicle
      by HG.org

    The terms “probable cause” and “reasonable suspicion” are sometimes used interchangeably. However, these are two different standards, with reasonable suspicion being the less exacting standard. Reasonable suspicion is all that is required for a law enforcement officer to conduct an investigatory traffic stop.

  • Alcohol and Mind Wandering

    Alcohol has been shown to be one of the leading causes of fatal car accidents; around 58% of drivers involved in fatal crashes were found to be driving under the influence of alcohol in a research review article. An article written by Michael Sayette and colleagues in Psychological Science, suggests a factor contributing to the commonality of DUI arrests: mind wandering.

  • Do You Need an DUI Lawyer? You Just Might

    Many people don't really believe they should go to the expense of hiring a DUI lawyer when arrested for a drunken driving offense. Do you really need an attorney, should you just plead guilty? There are plenty of questions you probably have, which is just one reason you should at least speak with an experienced defense attorney.

  • What Police are Looking for in a DUI Driver

    Under the Fourth Amendment of the United States Constitution, police are not allowed to simply stop any car in order to investigate the driver for a DUI offense. Both the U.S. and California Supreme Courts have held that officers must have reasonable or probable cause that the driver is violating the law before pulling a vehicle over. A traffic stop based on a mere suspicion or idle curiosity is not valid, and an officer needs an objectively reasonable basis for stopping a vehicle.


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