Categories » DUI and DWI

Driving under the influence, also known as DUI, DWI (driving while intoxicate) and several other terms, is the illegal act of operating a motor vehicle with a blood alcohol content exceeding .08%. Punishments are becoming increasingly severe for this crime, largely because of the powerful advocacy of injured or killed victims of drunk drivers. A rising prevalence of DUI defense attorneys has occurred as a result of this increased attention.

The exact nature and extent of the punishments for DUI varies according to state law and other circumstances, such as whether or not it is the guilty party’s first offense. Most of the time, first-time offenders face penalties, rehabilitation programs, possible jail time, and suspended licenses. Law firms work with DUI offenders to present the most visible and compelling defense by advising, representing, and exposing any transgressions that occurred during the Breathalyzer or sobriety tests. This assistance often results in less severe punishments and even the ability of the guilty party to drive on a restricted license.

A number of DUI cases in the better part of the last century have evoked some serious reform from the Supreme Court in DUI laws. Bell v Burson, for example, opened up the option for drivers to contest their licenses being suspended. The Supreme Court ruled that the ability to drive is an essential convenience in everyday life, and should therefore only be taken away after it is settled in a hearing.

In Blanton v North Las Vegas, the court asserted that a drunk driving offender does not have the right to be tried in front of a jury, unless the crime is being tried as more than a petty offense. A petty offense is essentially not punishable by more than six months of jail time. There are, of course, circumstances that enable prosecutors to charge DUI offenders with a serious crime.