| Sleep Disorder Defense to a DUI Charge |
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| In its report, Drowsy Driving and Automobile Crashes, National Highway Traffic Safety Administration, NCSDR/NHTSA Expert Panel on Driver Fatigue and Sleepiness, the National Highway Traffic Safety Administration (NHTSA) conservatively estimated that 100,000 police-reported crashes were the direct result of driver fatigue each year, resulting in an estimated 1,500 deaths, 71,000 injuries, and $ 12.5 billion in monetary losses. More... |
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| Impact of DUI/DWI Conviction on Obtaining Employment |
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| Although most convictions from drunk driving are misdemeanors, any person convicted of drunk driving will have a criminal record. Drunk driving convictions can affect your ability to obtain or continue your employment. The majority of employers will run a background check on you and discover that you have been convicted of a drunk driving offense. For many employers, this will automatically disqualify you from employment. More... |
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| Necessity Defense to a DUI Charge |
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| There are certain defenses that can be raised by a motorist charged with the offense of drunk driving, either driving while under the influence (DUI) or driving while intoxicated (DWI). One such defense is the "necessity" defense. This defense, which is sometimes referred to as ''choice of evils,'' and ''competing harms'' defenses, is presented when the motorist admits that he or she drove while intoxicated, but did so under threatening circumstances. The necessity defense exculpates the motorist for conduct that would otherwise be a crime when the motorist engages in the conduct in order to prevent something worse from occurring. More... |
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| Enhanced Sentencing for OUI/OWI Offenses |
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| The penalties imposed by states for operating while intoxicated (OWI) and operating under the influence (OUI) follow the same general pattern of penalties imposed by states enforcing laws for driving under the influence (DUI) and/or driving while intoxicated (DWI). Frequently, the sentencing provisions of the OWI/OUI laws impose greater penalties upon offenders who had prior OWI/OUI convictions, a prior related loss of license, or a "high" blood alcohol concentration (BAC). States vary in terms of the high-BAC threshold (which ranges from .15 to .20 percent), and the types, severity, and complexity of sanctions. More... |
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| Electronic Monitoring as Alternative Sentencing for DUI/DWI |
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| Driving under the influence (DUI) or driving while intoxicated (DWI) can result in harsh penalties in the form of mandatory prison sentences and license suspensions. However, there are sentencing alternatives. One such alternative is electronic monitoring. More... |
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