The Odom Law Firm

Traffic Law DUI/DWI

Elements of DUI/DWI Offenses Involving Operation of a Boat
All states have BUI laws making it unlawful to operate any vessel while under the influence of alcoholic drugs, certain controlled substances, and drugs. On navigable waters of the United States, federal law provides for a civil fine of not more than $ 5,000 for any person operating a vessel under the influence of alcohol or a dangerous drug. Alternatively, the boater may be charged with a class A misdemeanor. More...
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. More...
Breathalyzer versus Blood Tests in Drunk Driving Cases
The most frequently used test in drunk driving cases is the breath test, or Breathalyzer test. The breath test is used more frequently that urine or blood tests to test for the blood alcohol level because it is less intrusive and the apparatus is easily portable and convenient to use, even in the field. Because blood tests are universally relied upon as stronger evidence than breath tests, the prosecution will seek it whenever it can. In many states, a blood test may only be administered in cases involving death or serious bodily injury, or when the motorist required medical treatment and the administration of a breath or urine test was impractical or impossible. ¤Although a motorist may refuse this test, the refusal is usually admissible in evidence against the motorist at the administrative or judicial hearing. More...
Ignition Interlock Devices in DUI Cases
State legislatures have addressed the public safety problem of recidivist drunk drivers by authorizing various types of law enforcement tools. One such tool is the "ignition interlock" device, which attaches to the vehicle's steering mechanism and ignition. When used by the courts or state motor vehicle departments in conjunction with a monitoring, reporting, and support program, the ignition interlock system provides drunk driving offenders (driving while intoxicated (DWI) or driving under the influence (DUI)) with an alternative to full license suspension. More...
Implied Consent Laws in Driving Under the Influence of Drugs Cases
Many states have an implied consent law that essentially provides that a person that drives a motor vehicle is deemed to have given consent to chemical testing of his or her blood or urine for the purpose of determining the drug content of the motorist's blood if the motorist is lawfully arrested. The implied consent laws generally penalize a motorist with license suspension or other sanctions if the motorist refuses to provide a sample of blood or urine for testing. However, some states, such as New Jersey, do not have an implied consent law for testing for drugs. Some states provide for testing, but do not provide for the taking of multiple samples. More...

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Martindale-Hubbell Practice Area Newsletter articles are authored by law professors, practicing attorneys and other professionals.
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