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.
Drunk Driving Penalties: In the last twenty years, the penalties for drunk driving have become far more severe than they were in the past. First-time offenders face potential jail time and fines, although often the penalty for a first-time offense will be something less than jail time in exchange for a guilty plea. Repeat offenders are usually treated more harshly, with substantial fines and mandatory jail sentences that may not be suspended or waived by the court. State administrative regulations often call for suspension or revocation of a defendant's driver's license in addition to any criminal penalty. Defendants have sometimes tried to make the argument that this administrative suspension is double jeopardy prohibited by the U.S. Constitution, but these arguments have never succeeded.
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.
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