Drunk Driving: Elements of the Offense: No matter what the name of the crime might be-DUI, DWI, OUI, or OWI-the first element of the crime is "driving," or "operating," a motor vehicle. This language is intended to describe the level of physical control a person has over the motor vehicle. In many states, operating or driving does not require that the vehicle actually be in motion, or even that the engine be running. A person who is found sitting behind the wheel of a car may be convicted of driving or operating the car while under the influence. Courts have even convicted people sitting behind the wheel of a car while it is being towed. Passengers are seldom considered to be operators or drivers unless they grab the steering wheel.
License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical test. Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they've been found to be more effective than traditional post-conviction sanctions. Forty-one states and the District of Columbia have administrative license suspension laws.
A DUI lawyer is a lawyer who specializes in representing clients who are charged with the offense of driving under the influence. The offense involves operating a motor vehicle in a physically and mentally impaired condition after consuming alcohol or drugs. Like other lawyers, DUI lawyers must be licensed to practice law. You should consult an experienced DUI lawyer if you are charged with driving under the influence or similar offense.
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