Traffic Law DUI/DWI Newsletters

Double Jeopardy Defense in DWI/DUI Cases

Drunk driving defendants have challenged the constitutionality of the states' dual use of administrative license suspension (ALS) statutes and criminal driving while intoxicated (DWI) prosecutions with the so-called Double Jeopardy Drunk Driving defense.

License Revocations for DUI/DWI

A driver who is arrested for driving under the influence (DUI) or driving while intoxicated (DWI) is likely to be subject to either a license suspension or a license revocation. Courts are generally limited and cannot change or alter a license revocation to limit the impact on the defendant. License revocations are considered a civil penalty that are imposed to protect the public rather than a criminal penalty.

Overview of License Violations

State statutes require drivers or motor vehicle operators to obtain a driver's license in order to drive on the public roads and highways. These statutes are intended to promote safety on the roadways by ensuring that there is a minimum level of competence and skill by all drivers. The statutes further serve as a device for the efficient enforcement of police regulations that govern the use of public roadways. There are various laws and regulations that must be followed by all motorists holding driver's licenses.

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.

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.