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.
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.
Facing a drunk driving charge like Driving Under the Influence of Alcohol (DUI) or Driving While Intoxicated (DWI) can be a harrowing experience. The prospect of DUI penalties such as jail, or the loss of a driver’s license, is not pleasant to contemplate. Your freedom and ability to make a living may be at stake. That is why it is important to get a DUI attorney, DWI attorney, Drunk Driving lawyer or Drunk Driving Attorneys knowledgeable about all facets of DUI laws and DWI cases to represent you. These attorneys know how to beat a DWI or beat a DUI.