Traffic Law DUI/DWI Newsletters
The first suspension in most drunk driving cases is the Administrative License Suspension (ALS). The ALS takes place immediately upon refusal to submit to the driving under the influence (DUI) tests, or upon testing over the state limit (usually .08) for breath.
It is illegal to drive a vehicle on a street or highway without a valid driver’s license. The right to drive an automobile on public roads is a privilege and not a right. The right to operate a motor vehicle is granted by the state, and its use depends upon the motorist complying with the conditions prescribed in granting the license.
Drunk driving statutes across the country are not uniform in how they describe the degree of inebriation that is required for conviction for a drunk driving offense. For example, some states have interpreted the terms “intoxicated” and “under the influence” as meaning the same thing, while others have concluded that the two terms represent different levels of impairment. States that view the terms as the same conclude that the degree of inebriation or impairment of the faculties required are the same.
The elements of the criminal offense of driving under the influence (DUI) and driving while intoxicated (DWI) are universal in most jurisdictions. The elements include the following: (1) that the defendant operated or was in physical control of a vehicle upon a roadway; (2) within the court’s jurisdiction; and (3) and the operation occurred while the defendant was either under the influence of an intoxicant or narcotic to the extent that his or her normal faculties were impaired or the defendant was driving with a blood alcohol concentration above a prohibited level.
In some states, motorists who have been charged with driving under the influence (DUI) or driving while intoxicated (DWI) may be able to plea bargain the charge down to a wet reckless charge. A wet reckless charge is considered a lesser charge than a DUI or DWI. In addition, a wet reckless charge usually carries a sentence of probation rather than jail time, and the fines involved are usually lower. Although the name of the offense is “wet reckless,” there is no requirement that there is any reckless driving.
Were you arrested for Driving While Intoxicated (DWI)? Have you been accused of a criminal offense like theft or assault? Are you facing legal consequences associated with a misdemeanor or felony charge? If so, you may benefit from the expertise of a criminal attorney and we are here to help. The Law Offices of Darren DeUrso in White Plains is committed to protecting your rights and offering you superior legal representation to surpass your criminal charges in White Plains.