Driver Alcohol Education Programs as a Penalty for DUI/DWI

When a motorist is charged with driving under the influence (DUI) of alcohol or driving while intoxicated (DWI), the motorist is likely to face a multitude of possible penalties. In addition to jail time, fines, and suspensions, many states require motorists to participate in what is commonly called a driver alcohol education (DAE) program. For first-time offenders participation in the program may be either discretionary or mandatory depending upon the state. However, most states require participation for repeat offenders.

Defendant's Right to Independent Chemical Test in Drunk Driving Cases

Although a few states have determined that a motorist has a constitutional right to an independent chemical test, that majority of states have provided this right by statute. The right is generally for a motorist to obtain an independent chemical test by a doctor of the motorist's choosing. The most commonly used tests by police officers are the breath tests. However, the privately administered sobriety test given most often is the blood test. Many believe that the blood test will be more favorable to a motorist that a breath test.

Auto Insurance for Individuals Convicted of DUI/DWI

Car insurance companies frown upon drunk drivers and enforce serious penalties to those who have been charged with drunk driving, or other alcohol-related driving offenses. Convictions for such offenses will cause many insurance carriers to raise the rates significantly or cancel an insured, either during mid-term or at the end of insurance term.

Warrantless Searches of Motor Vehicle Occupants

In the ordinary case, a search of private property must be both reasonable and conducted pursuant to a properly issued search warrant. However, law enforcement officers are empowered to search an automobile without a warrant, so long as it can be demonstrated that exigent circumstances rendered the obtaining of a warrant an impossible or impractical alternative and that probable cause existed for the search. The doctrine was initially premised on the notion that there was a constitutional difference between houses and cars, which are inherently mobile. However, mobility is no longer the prime justification for the automobile exception; rather, it is the diminished expectation of privacy which surrounds the automobile.

Ignition Interlock Devices in DUI Cases

State legislatures have addressed the public safety problem of recidivist drunk drivers by authorizing various types of law enforcement tools. One such tool is the "ignition interlock" device, which attaches to the vehicle's steering mechanism and ignition. When used by the courts or state motor vehicle departments in conjunction with a monitoring, reporting, and support program, the ignition interlock system provides drunk driving offenders (driving while intoxicated (DWI) or driving under the influence (DUI)) with an alternative to full license suspension.