Traffic Law DUI/DWI Newsletters
As chemical testing has evolved into a much relied on prosecution tool, ”implied consent” laws have evolved to defeat the drunk driver’s inclination to refuse to consent to such testing. An implied consent statute does not command that a person suspected of driving while intoxicated be forced to submit to a chemical test; rather, the person may refuse to take a chemical test of his or her blood, breath or urine, but if certain statutorily prescribed procedures are complied with, such a refusal does not go unpunished.
The criminal offense of driving under the influence of drugs is similar to the criminal offense of driving while under the influence of alcohol. The crime of driving under the influence of drugs is codified and defined in the same statute as drunk driving in most states. The elements of driving under the influence of drugs are also virtually identical to the elements for drunk driving.
All states require some form of vehicle registration. The registration generally lasts one year and is often renewable on the owner’s birthday with the state’s department of motor vehicles. Generally a registration is what allows you to get the license that makes your vehicle legal to drive on public roads. Most states require motorist to keep the vehicle’s registration with the vehicle at all times. Failure to provide a vehicle registration can result in fines and suspension of your driver’s license. Many states will waive or reduce fines where a motorist can subsequently produce a vehicle registration that was valid on the day it was requested.
Some efforts to prevent recidivism among offenders charged with driving while intoxicated (DWI) or driving under the influence (DUI), particularly those drivers who suffer from alcohol-use disorders, focus on motivating the offenders to participate in treatment programs. A number of states have programs allowing certain drunk driver offenders to be diverted from criminal sanctions by entering alcohol education or treatment programs (DPs).
The ability to drive a motor vehicle on a public highway is not a fundamental right under the United States Constitution; it is a revocable privilege that is granted upon compliance with statutory licensing procedures. Whether the right to operate a motor vehicle it is termed a right or a privilege, one’s ability to travel on public highways is always subject to reasonable regulation by the state in the valid exercise of its police power. Accordingly, state vehicle codes were promulgated to increase the safety and efficiency of public roadways, and it is viewed as an enhancement rather than an infringement upon a citizen’s right to travel. The privilege properly may be revoked for noncompliance, and revocation is not an unconstitutional infringement of the revokee’s right to travel.