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Haugh & Winters, LLP

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Traffic Law DUI/DWI

"Wet Reckless" Convictions in DUI/DWI Cases
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. More...
Criminal Offense of Attempting to Elude
It is against the law to attempt to elude a police officer by willfully failing to stop a vehicle if the officer gives you an audible or visual signal to stop and the police officer is in uniform, prominently displaying a badge or other insignia. If a police officer is in an appropriately marked official police vehicle when he or she gives the signal stop, whether or not the officer is in uniform, the vehicle driver may not attempt to elude the officer by willfully failing to stop the vehicle. More...
Elements of DUI/DWI Offenses Involving Operation of Aircraft
It is unlawful for any person who is under the influence of intoxicating liquor or drugs to drive, operate, or take actual physical control of a motor vehicle in a public place. This is commonly referred to as driving under the influence (DUI) and operating under the influence (OUI). This offense also applies to operating aircraft, and many states specifically list an aircraft as a type of "vehicle" included in the applicable vehicle code. Other states cover the operation of an aircraft in a separate section within its code. More...
Overview of Implied Consent in Drunk Driving Cases
Understandably, when a motorist is pulled over for drunk driving, the motorist is generally reluctant to agree to a chemical test because the test results could be used as evidence to convict the motorist of a drunk driving offense. Many states have implied consent laws that essentially provide that a person that drives a motor vehicle is deemed to have given consent to chemical testing of his or her blood or urine for the purpose of determining the alcohol content of the motorist's blood if the motorist is lawfully arrested. More...
Elements of Vehicular Homicide
Vehicular homicide statutes vary, but generally vehicular homicide occurs where someone causes the death of a human being, not constituting murder or manslaughter, as a result of operating a motor vehicle. More...

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Martindale-Hubbell Practice Area Newsletter articles are authored by law professors, practicing attorneys and other professionals.
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