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Driving under the influence, is the act of operating a [[Motor vehicle|motor vehicle]] while impaired by the effects of alcohol or other drugs. The designation of the offense can vary from state to state, and includes "driving under the influence (DUI)," "driving while intoxicated (DWI)," "operating a motor vehicle while intoxicated (OWI)." Drunk driving laws often extend to a number of different vehicles, including cars, trucks, boats, snowmobiles, ATVs, motor homes and even lawnmowers.<ref>http://dui.findlaw.com/dui/dui-overview/dui_basics.html</ref>
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Driving under the influence, is the act of operating a [[Motor vehicle|motor vehicle]] while impaired by the effects of alcohol or other drugs. The designation of the offense can vary from state to state, and includes "driving under the influence (DUI)," "driving while intoxicated (DWI)," "operating a motor vehicle while intoxicated (OWI)." Drunk driving laws often extend to a number of different vehicles, including cars, trucks, boats, snowmobiles, ATVs, motor homes and even lawnmowers.<ref>http://dui.findlaw.com/dui/dui-overview/dui_basics.html</ref>
== Overview ==
== Overview ==
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Laws vary by state but generally make it unlawful for an individual to operate a motor vehicle if the the driver's ability to operate the vehicle according safely is impaired by the effects of drugs, alcohol, prescription medication or over-the-counter medications; or if the driver's intoxication level is above the state standard.<ref>http://dui.findlaw.com/dui/dui-overview/dui_basics.html</ref> According to the [http://atlantaduinews.com/atlanta-dui-laws/ Atlanta DUI Blog], Georgia is currently just one of three U.S. states that still has blue laws, laws that ban the sale of alcohol on Sundays, still on the books.<ref>http://atlantaduinews.com/atlanta-dui-laws/</ref>
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Laws vary by state but generally make it unlawful for an individual to operate a motor vehicle if the the driver's ability to operate the vehicle according safely is impaired by the effects of drugs, alcohol, prescription medication or over-the-counter medications; or if the driver's intoxication level is above the state standard.<ref>http://dui.findlaw.com/dui/dui-overview/dui_basics.html</ref> According to the [http://atlantaduinews.com/atlanta-dui-laws/ Atlanta DUI Blog], Georgia is currently just one of three U.S. states that still has blue laws, laws that ban the sale of alcohol on Sundays, still on the books.<ref>http://atlantaduinews.com/atlanta-dui-laws/</ref>
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In most states, if a person is found to have a [[Blood Alcohol Content]] (BAC) of .08 or greater he or she is presumed by law to be driving under the influence.<ref>http://dui.findlaw.com/dui/dui-overview/elements-of-drunk-driving-offense.html</ref> <font size="3" face="Times New Roman"></font>
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In most states, if a person is found to have a [[Blood Alcohol Content]] (BAC) of .08 or greater he or she is presumed by law to be driving under the influence.<ref>http://dui.findlaw.com/dui/dui-overview/elements-of-drunk-driving-offense.html</ref> <font size="3" face="Times New Roman"></font>
== Elements of Driving Under the Influence ==
== Elements of Driving Under the Influence ==
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The elements of a DUI offense in most states include: (1) driving a motor vehicle; (2) on road or highway; (3) while under the influence of alcohol.<ref>http://dui.findlaw.com/dui/dui-overview/elements-of-drunk-driving-offense.html</ref> However recent state statutes also criminalize DUI's on a [Per Se|per se] basis--i.e. DUI for any individual driving with a Blood Alcohol level of over .08.
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The elements of a DUI offense in most states include: (1) driving a motor vehicle; (2) on road or highway; (3) while under the influence of alcohol.<ref>http://dui.findlaw.com/dui/dui-overview/elements-of-drunk-driving-offense.html</ref> However recent state statutes also criminalize DUI's on a [Per Se|per se] basis--i.e. DUI for any individual driving with a Blood Alcohol level of over .08.
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Each element has to be proven by prosecution to bring forth a DUI charge. Common issues with proving elements include distinguishing "driving" a vehicle from sitting or waiting in it. The element of proving that defendant is intoxicated is addressed through sobriety tests and symptoms of drunk driving. The driver's Blood Alcohol level is determined through a variety of methods including breathalyzer test, or blood or urine sample.
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Each element has to be proven by prosecution to bring forth a DUI charge. Common issues with proving elements include distinguishing "driving" a vehicle from sitting or waiting in it. The element of proving that defendant is intoxicated is addressed through sobriety tests and symptoms of drunk driving. The driver's Blood Alcohol level is determined through a variety of methods including breathalyzer test, or blood or urine sample.
== Sobriety Tests and Checkpoints ==
== Sobriety Tests and Checkpoints ==
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Law enforcement officers may ask a driver suspected of driving under the influence to complete field sobriety tests. These may include testing the driver's balance while walking, assessing the driver's ability to pay attention, and the driver's physical ability. The results of field sobriety tests have generally been upheld in court.<ref>http://dui.findlaw.com/dui/dui-overview/sobriety-checkpoints.html</ref> According to the [http://philadelphiaduiattorneyblog.com/ Philadelphia DUI Blog], Pennsylvania generally requires a breath or blood sample (or even both) to determine whether a driver is intoxicated. If you refuse a breathalyzer, law enforcement officials will inform you that your license will be immediately suspended for 180 days.<ref>http://philadelphiaduiattorneyblog.com/pennsylvania-dui-laws/</ref>
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Law enforcement officers may ask a driver suspected of driving under the influence to complete field sobriety tests. These may include testing the driver's balance while walking, assessing the driver's ability to pay attention, and the driver's physical ability. The results of field sobriety tests have generally been upheld in court.<ref>http://dui.findlaw.com/dui/dui-overview/sobriety-checkpoints.html</ref> According to the [http://philadelphiaduiattorneyblog.com/ Philadelphia DUI Blog], Pennsylvania generally requires a breath or blood sample (or even both) to determine whether a driver is intoxicated. If you refuse a breathalyzer, law enforcement officials will inform you that your license will be immediately suspended for 180 days.<ref>http://philadelphiaduiattorneyblog.com/pennsylvania-dui-laws/</ref>
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State law often allows law enforcement authorities to establish checkpoints to detain drunk drivers. These checkpoints are often synched with holidays associated with alcohol consumption such as New Year's Eve and Fourth of July. The constitutionality of checkpoints has generally been upheld by courts. <ref>http://dui.findlaw.com/dui/dui-overview/sobriety-checkpoints.html</ref><br>
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State law often allows law enforcement authorities to establish checkpoints to detain drunk drivers. These checkpoints are often synched with holidays associated with alcohol consumption such as New Year's Eve and Fourth of July. The constitutionality of checkpoints has generally been upheld by courts. <ref>http://dui.findlaw.com/dui/dui-overview/sobriety-checkpoints.html</ref><br>
== Court Procedure & Sentencing ==
== Court Procedure & Sentencing ==
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The first phase of a DUI proceeding is the [[Arraignment|arraignment] which is when the DUI/DWI charges are formally brought against a defendant. This can include the charge of DUI along with other related charges such as traffic violations.
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The first phase of a DUI proceeding is the [[Arraignment|arraignment] which is when the DUI/DWI charges are formally brought against a defendant. This can include the charge of DUI along with other related charges such as traffic violations.
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If the case goes to trial there will be the usual stages of trial including [Jury selection], presentation of the state's case, presentation of the defense's case, jury instructions, and verdict. If the trial results in a guilty verdict, the defendant may appeal.
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If the case goes to trial there will be the usual stages of trial including [Jury selection], presentation of the state's case, presentation of the defense's case, jury instructions, and verdict. If the trial results in a guilty verdict, the defendant may appeal.
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Defendants may choose to pursue a [[Plea bargaining|plea bargain]], either through their attorney or on a pre se basis.
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Defendants may choose to pursue a [[Plea bargaining|plea bargain]], either through their attorney or on a pre se basis.
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Suspension of an individual's driver's license is also a common consequence of a DUI charge.
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Suspension of an individual's driver's license is also a common consequence of a DUI charge.
== Felony Drunk Driving ==
== Felony Drunk Driving ==
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Some states have adopted laws that make drunk driving a felony if the driving resulted in injury or a manslaughter charge for a resulting death. These charges may result in state prison sentences. According to the [http://phoenixduiattorneyblog.com/ Phoenix DUI Law Blog], a DUI conviction can lead to severe penalties in the state of Arizona, where the offense carries much greater consequences than a speeding ticket in the state.<ref>http://phoenixduiattorneyblog.com/dui-in-arizona/</ref><br>
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Some states have adopted laws that make drunk driving a felony if the driving resulted in injury or a manslaughter charge for a resulting death. These charges may result in state prison sentences. According to the [http://phoenixduiattorneyblog.com/ Phoenix DUI Law Blog], a DUI conviction can lead to severe penalties in the state of Arizona, where the offense carries much greater consequences than a speeding ticket in the state.<ref>http://phoenixduiattorneyblog.com/dui-in-arizona/</ref><br>
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Other states allow prosecutors to charge individuals for assault with a deadly weapon (i.e. the motor vehicle) for driving under the influence.<ref>http://dui.findlaw.com/dui/dui-overview/felony-drunk-driving.html</ref>
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Other states allow prosecutors to charge individuals for assault with a deadly weapon (i.e. the motor vehicle) for driving under the influence.<ref>http://dui.findlaw.com/dui/dui-overview/felony-drunk-driving.html</ref>
== Common Defenses ==
== Common Defenses ==
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Since each element of a drunk driving offense must be proved by prosecution, defendants often try to discredit the observations of law enforcement officers or witnesses.
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Since each element of a drunk driving offense must be proved by prosecution, defendants often try to discredit the observations of law enforcement officers or witnesses.
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Common defenses include [Necessity|necessity], [Duress|duress], [Mistake of fact], and [Involuntary intoxication].<ref>http://dui.findlaw.com/dui/dui-overview/defenses-to-drunk-driving.html</ref>
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Common defenses include [Necessity|necessity], [Duress|duress], [Mistake of fact], and [Involuntary intoxication].<ref>http://dui.findlaw.com/dui/dui-overview/defenses-to-drunk-driving.html</ref>
== MADD ==
== MADD ==
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[[Mothers Against Drunk Driving|Mothers Against Drunk Driving (MADD)]] is an organization that seeks to eliminate drunk driving and works to increase attention on this issue through broad campaigns and active lobbying for stricter laws to punish offenders.
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[[Mothers Against Drunk Driving|Mothers Against Drunk Driving (MADD)]] is an organization that seeks to eliminate drunk driving and works to increase attention on this issue through broad campaigns and active lobbying for stricter laws to punish offenders.
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MADD estimates that 3 of every 10 Americans will be involved in an alcohol-related crash in their lifetimes.<ref>http://www.madd.org/Drunk-Driving/Drunk-Driving/Statistics.aspx</ref> It estimated that nearly 12,000 individuals died in alochol-related driving accidents in 2008.
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MADD estimates that 3 of every 10 Americans will be involved in an alcohol-related crash in their lifetimes.<ref>http://www.madd.org/Drunk-Driving/Drunk-Driving/Statistics.aspx</ref> It estimated that nearly 12,000 individuals died in alochol-related driving accidents in 2008.
== References ==
== References ==
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<references /><br>
== External Links ==
== External Links ==
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== Related Resources on FindLaw ==
== Related Resources on FindLaw ==
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*[http://phoenixduiattorneyblog.com/ Phoenix DUI Law Blog]
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*[http://phoenixduiattorneyblog.com/ Phoenix DUI Law Blog]
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*[http://dui.findlaw.com/dui/dui-overview/ DUI Basics]
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*[http://dui.findlaw.com/dui/dui-overview/ DUI Basics]
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*[http://philadelphiaduiattorneyblog.com/pennsylvania-dui-laws/ <u>Philadelphia DUI Laws Blog</u>]
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*[http://philadelphiaduiattorneyblog.com/pennsylvania-dui-laws/ <u>Philadelphia DUI Laws Blog</u>]
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*[http://dui.findlaw.com/dui/state-dui-law/ State DUI Laws]
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*[http://dui.findlaw.com/dui/state-dui-law/ State DUI Laws]
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*[http://public.findlaw.com/traffic-ticket-violation-law/state-dmv/ State DMV Offices and Forms]
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*[http://public.findlaw.com/traffic-ticket-violation-law/state-dmv/ State DMV Offices and Forms]
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*[http://dui.findlaw.com/dui/dui-overview/drunk-driving-faq.html Drunk Driving FAQ]
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*[http://dui.findlaw.com/dui/dui-overview/drunk-driving-faq.html Drunk Driving FAQ]
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*[http://dui.findlaw.com/dui/dui_resources/ DUI/DWI Resources: State & Federal]
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*[http://dui.findlaw.com/dui/dui_resources/ DUI/DWI Resources: State & Federal]
*[http://lawyers.findlaw.com/lawyer/practice/DUI_DWI DUI Attorneys]<br>
*[http://lawyers.findlaw.com/lawyer/practice/DUI_DWI DUI Attorneys]<br>
== Related Blogs on FindLaw ==
== Related Blogs on FindLaw ==
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<rss>http://search.yahooapis.com/WebSearchService/rss/webSearch.xml?appid=yahoosearchwebrss&query=dui%20site:blogs.findlaw.com|max=5</rss> <br> <!-- Begin Yahoo Web Services HTML Attribution Snippet --> [http://www.developer.yahoo.com Web Services by Yahoo!] <!-- End Yahoo Web Services HTML Attribution Snippet -->
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<rss>http://search.yahooapis.com/WebSearchService/rss/webSearch.xml?appid=yahoosearchwebrss&query=dui%20site:blogs.findlaw.com|max=5</rss> <br> <!-- Begin Yahoo Web Services HTML Attribution Snippet --> [http://www.developer.yahoo.com Web Services by Yahoo!] <!-- End Yahoo Web Services HTML Attribution Snippet -->
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[[Category:
Traffic_Violations
]] [[Category:
Criminal_Law
]] [[Category:Drugs]] [[Category:DUI]]
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<h3>Attorneys for the Related Category</h3>
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<h4>Drunk Driving Law</h4>
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{|
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|<p><b>DC DUI Law Firms</b><br/>Washington, D.C.<br/>[http://duilawyerindc.net/dui-info-center/ Washington DC DUI Resources]</p>
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|<p><b>Kelly & Rubin, LLP</b><br/>New York, NY<br/>[http://newyork-dwilawyer.com/dwi-faq/ Drunk Driving Defense Information For New York]</p>
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|<p><b>DC DUI Law Firms</b><br/>Washington, D.C.<br/>[http://duilawyerindc.net/ Washington DC DUI Attorneys]</p>
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|-
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|<p><b>Tampa DUI Law Firms</b><br/>Tampa Bay, FL<br/>[http://tampadui-lawyer.com/ Tampa, FL DUI Lawyer]</p>
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|<p><b>Greg Smith and Associates</b><br/>Salt Lake City, UT<br/>[http://duilawyersaltlakecity.org/ DUI Lawyers In Salt Lake City]</p>
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|<p><b>Orlando DUI Law Firm</b><br/>Orlando , FL<br/>[http://duilawyerorlandofl.net/dui-laws/ DUI Laws In Orlando, FL]</p>
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|-
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|<p><b>Denver DUI Law Firm</b><br/>Denver, CO<br/>[http://duiattorneydenver-co.com/dui-laws/ DUI Laws In Denver, CO]</p>
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|<p><b>The Shapiro Law Firm</b><br/>Dallas, TX<br/>[http://dallas-dwiattorney.com/dwi-faq/ Dallas DWI Answers]</p>
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|<p><b>Suzuki Law Offices, L.L.C.</b><br/>PhoeniX
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, AZ<br/>[http://duilawyerinphoenix.net/dui-penalties/ DUI Penalties In Phoenix, AZ]</p>
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|}
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[[Category:
Traffic Violations
]]
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[[Category:
Criminal Law
]]
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[[Category:Drugs]]
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[[Category:DUI]]