Newsletters
Penalties for Criminal Offense of Driving While Impaired
The penalties for driving while impaired tend to be less harsh than the penalties for driving while under the influence or driving while intoxicated. The penalties for driving while impaired do vary depending upon the state. In most cases the offense for a first time offender is considered a misdemeanor.
"Involuntary Intoxication" Defense to a DUI Charge
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.
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.
Traffic Control Device Violations
The right to drive on the highways and streets for travel and transportation of goods is not an absolute right, and it is not an unqualified right. A person's use of highways and streets is subject to traffic laws and the person's adherence to traffic control devices such as street signs and lights.
Driving on a Revoked or Suspended License
A charge of driving with a suspended or revoked driver's license is a serious charge. It is against the law to drive when your driver's license is suspended or revoked. It is also against the law to drive if you do not have a license and your right to apply for one has been suspended or revoked.
