| Chemical Test Presumptions in Drunk Driving Cases |
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| If you have ever been arrested for drunk driving you were probably given some sort of chemical test to determine your blood alcohol content. The most common chemical tests include a breath test or blood test. Many jurisdictions have statutes that allow prosecutors to give presumptive effect to chemical test readings of blood-alcohol content. In other words, if a person's blood alcohol content is at a certain level, the court will presume automatically that the person was driving under the influence of alcohol. Depending on the jurisdiction, some statutes will use the word "presumption," while others use the term "prima facie evidence." More... |
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| Penalties for Drunk Driving |
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| State legislatures have enacted drunk driving laws that impose strict penalties on offenders. One of the mechanisms most widely used to combat drunk driving and increase highway safety is administrative license suspension (ALS). More... |
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| Elements of Vehicular Homicide |
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| Vehicular homicide statutes vary, but generally vehicular homicide occurs where someone causes the death of a human being, not constituting murder or manslaughter, as a result of operating a motor vehicle. More... |
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| Vehicle and License Plate Sanctions for DUI/DWI |
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| When a defendant is convicted of driving under the influence or driving while intoxicated, the defendant is usually subject to a license revocation or suspension, fines, and possible jail time. In addition, many states provide for penalties that affect the defendant's vehicle and license plates. More... |
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| Elements of Felony DUI/DWI |
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| The elements of the criminal offense of driving under the influence (DUI) and driving while intoxicated (DWI) are universal in most jurisdictions. The elements include the following: (1) that the defendant operated or was in physical control of a vehicle upon a roadway; (2) within the court's jurisdiction; and (3) and the operation occurred while the defendant was either under the influence of an intoxicant or narcotic to the extent that his or her normal faculties were impaired or the defendant was driving with a blood alcohol concentration above a prohibited level. More... |
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