Elements of Drunk Driving Offense

Drunk driving laws were enacted almost at the same time as the motor vehicle was invented. Over the years the statutes have been changed and strengthened. In 1982, legislation was passed requiring state drunk driving laws to include provisions for a blood-alcohol level of 0.10 as a per se offense and for license suspensions and minimal sentencing restrictions in order for states to continue to qualify for certain federal funding. Legislation passed in 2000 conditioned the availability of federal highway funds upon the states' adoption of a limit of 0.08.

Elements of DUI/DWI Offenses Involving Operation of Aircraft

It is unlawful for any person who is under the influence of intoxicating liquor or drugs to drive, operate, or take actual physical control of a motor vehicle in a public place. This is commonly referred to as driving under the influence (DUI) and operating under the influence (OUI). This offense also applies to operating aircraft, and many states specifically list an aircraft as a type of "vehicle" included in the applicable vehicle code. Other states cover the operation of an aircraft in a separate section within its code.

Immigration Consequences of a DUI/DWI Conviction

The dangers and consequences of drunken driving are obviously serious, but the consequences of drunken driving convictions for non-citizens of the United States can be grave. In addition to the possibility of losing driving privileges and facing higher insurance premiums, drunken driving convictions may lead to inadmissibility or to deportation of the noncitizen from the United States, denial of adjustment during the green card process, or a finding of bad moral character at a naturalization interview.

Penalties for Drunk Driving

State legislatures have enacted drunk driving laws that impose strict penalties on offenders. One of the mechanisms most widely used to combat drunk driving and increase highway safety is administrative license suspension (ALS).

Criminal Offense of Failure to Report an Accident

Most jurisdictions require a motorist to prepare and forward an accident report to the state's department of motor vehicles whenever the motorist is involved in a motor vehicle accident resulting in property damage or injury. But even before filing a report, the driver has an affirmative duty to stop, provide information, and give notice to the police. These statutes are commonly referred to as hit-and-run statutes. The information commonly required by the statutes includes the driver's name and address, the registration number of the vehicle involved in the accident, and insurance information. In the event that no person is present or able to receive this information, the driver has an affirmative duty to report the accident to the police.