| Expungement of DUI/DWI Convictions |
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| If you have been convicted of driving under the influence (DUI) or driving while intoxicated (DWI), you have a criminal record. Contrary to popular belief, the conviction does not go off your criminal record after seven or ten years. The conviction stays on your record for life unless you do something. However, in many cases, a convicted drunk driver can have his or her record expunged. More... |
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| Penalties for Criminal Offense of Driving While Impaired |
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| 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. More... |
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| Driver Alcohol Education Programs as a Penalty for DUI/DWI |
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| 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. More... |
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| Criminal Offense of Failure to Assist an Injured Person |
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| Motorists involved in any type of motor vehicle accident where personal injury or death occurs are required to remain at the scene until police arrive. All states have statutes setting out certain procedures a motorist must follow after involvement in a collision causing death or injury. Moreover, the statutes treat the term "accident" or "collision" to include all automobile collisions, intentional as well as unintentional. More... |
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| Role of Expert Testimony in Drunk Driving Cases |
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| When an individual has been charged with drunk driving, the State will often present expert testimony concerning chemical tests. The State is required to provide a proper foundation for chemical tests. However, if the defense can show that the State's expert lacked the required qualifications or that another key component of a proper foundation for admissibility is missing, the defense can object to the admission of the chemical tests. Although courts may allow an expert to testify regarding the results of tests done by a lab technician under the expert's direct supervision, the evidence can be excluded if the defense can show that the expert witness had no knowledge about the details of the chemical analysis other than what the technician reported.
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