Traffic Law DUI/DWI Newsletters

Limits on Travel as a Consequence of DUI/DWI Conviction

Various problems can occur after receiving a driving under the influence (DUI) or driving while intoxicated (DWI) conviction. One of the potential problems that many people do not realize is possible limitations on travel. Many countries classify any crime as a reason to refuse or limit your entry into their country.

Warrantless Inventory Searches of Impounded Vehicles

Under the Fourth Amendment to the United States Constitution, every search or seizure by a government agent must be reasonable. In general, searches and seizures are unreasonable and invalid unless based on probable cause and executed pursuant to a warrant. However, certain kinds of searches and seizures are valid as exceptions to the probable cause and warrant requirements. One such exception is an inventory search of an impounded vehicle. Court have upheld inventory searches of vehicles lawfully in police custody, including searches of the passenger compartment, glove compartment, trunk, engine compartments, and any containers in the vehicle.

Criminal Offense of Failure to Assist an Injured Person

Motorists involved in any type of motor vehicle accident where personal injury or death occurs are required to remain at the scene until police arrive. All states have statutes setting out certain procedures a motorist must follow after involvement in a collision causing death or injury. Moreover, the statutes treat the term "accident" or "collision" to include all automobile collisions, intentional as well as unintentional.

Defendant's Right to a Jury Trial in DUI/DWI Cases

A defendant who has been charged with driving under the influence (DUI) or driving while intoxicated (DWI) does not necessarily have a right to a jury trial. Whether a defendant has the right to a jury trial will depend upon the state.

Penalties for DUI/DWI Offenses Involving Operation of Aircraft

A state may enact a statute rendering it unlawful to operate an aircraft while under the influence of intoxicating liquors, or in such a careless and reckless manner as to endanger the life or property of another. These statutes will also impose penalties, typically a fine and potential incarceration. Such statutes are strictly enforced, and any conviction can be later used to enhance a charge of operating a motor vehicle while intoxicated.