| "Involuntary Intoxication" Defense to a DUI Charge |
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| Because driving while intoxicated is a strict liability offense, meaning that it does not require specific intent, the defense of "involuntary intoxication" is often difficult to assert. Involuntary intoxication is a defense to criminal culpability when it is shown that: (1) the accused has exercised no independent judgment or volition in taking the intoxicant; and (2) as a result of his intoxication, the accused did not know that his conduct was wrong or was incapable of conforming his conduct to the requirement of the law he allegedly violated. 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 OUI/OWI (Operating Under the Influence or While Intoxicated) |
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| There are various statutory formulations used to describe the requisite elements of the criminal act of drunk driving. In a number of states, the requisite act consists solely of ''operating.'' These laws are known by the acronyms, OWI (driving while intoxicated) or OUI (driving under the influence). More... |
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| Admissibility of Field Sobriety Tests in Drunk Driving Cases¤ |
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| There are three standardized field sobriety tests (FSTs) that make up the Standardized Field Sobriety Test battery. They include the horizontal gaze nystagmus (HGN) test, the "walk and turn" test, and the "one-leg stand" test. The HGN test refers to an involuntary jerking as the eyes gaze toward the side. When intoxicated, a person's smooth and accurate control of his or her eye movements will break down. The walk and turn test and the one-leg stand test are referred to as the "divided attention" tests, which simulate the mental and physical capabilities a driver needs to drive safely. Of the three FSTs, the HGN is considered the most reliable field sobriety test, especially when used in combination with the divided attention tests. More... |
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| Diversion Programs for DUI/DWI Offenses |
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| Some efforts to prevent recidivism among offenders charged with driving while intoxicated (DWI) or driving under the influence (DUI), particularly those drivers who suffer from alcohol-use disorders, focus on motivating the offenders to participate in treatment programs. A number of states have programs allowing certain drunk driver offenders to be diverted from criminal sanctions by entering alcohol education or treatment programs (DPs). More... |
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