Penalties for Felony DUI/DWI

The penalties for felony driving under the influence (DUI) of alcohol or driving while intoxicated (DWI) vary depending upon the state. Many of the states have adopted sentencing guidelines that are similar to the Federal Sentencing Guidelines. Under these guidelines, the states usually provide a sentencing range for each type of offense and provide aggravating and mitigating circumstances that can be used to increase or decrease the sentence.

Criminal Offense of Impeding the Flow of Traffic

It is not uncommon for a state motor vehicle code to incorporate an individual chapter addressing the "rules of the road." One such rule is the prohibition against impeding the flow of traffic.

Vehicle and License Plate Sanctions for DUI/DWI

When a defendant is convicted of driving under the influence or driving while intoxicated, the defendant is usually subject to a license revocation or suspension, fines, and possible jail time. In addition, many states provide for penalties that affect the defendant's vehicle and license plates.

DUI Roadblocks

When a vehicle is stopped due to a roadblock that has as its main purpose the detection of drunk drivers and/or a license and safety check, there is a split of authority as to whether the stop violates the Fourth Amendment to the United States Constitution.

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.