Traffic Law DUI/DWI Newsletters

Entrapment Defense to a DUI Charge

The defense of entrapment developed in response to increasingly severe and sophisticated forms of law enforcement "stings" and other encouragement of criminal behavior. Defendants have claimed entrapment in cases involving a wide variety of criminal activity, but the defense is infrequently used in prosecutions for driving while intoxicate (DWI) or driving under the influence (DUI).

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.

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.

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.

Reckless Driving Violations

A person commits the offense of reckless driving if the person drives a vehicle in willful or wanton disregard for the safety of people or property. The phrase "willful and wanton" means that the motorist showed deliberate and conscious indifference to the safety of others. The essence of reckless driving lies in the manner and circumstances of the vehicle's operation, not merely in the act of operating a vehicle.