Pre-Sentencing Alcohol Evaluations in DUI/DWI Cases

Most state laws governing driving under the influence (DUI) and/or driving while intoxicated (DWI) mandate that offenders receive intervention and treatment. According to these laws, if an offender is convicted of DWI/DUI, the offender is required to obtain a clinical substance abuse assessment to determine whether he or she will be recommended to complete a substance abuse education class or treatment program.

Not Guilty by Reason of Insanity Defense to DUI/DWI

Although a defense of not guilty to drunk driving by reason of insanity may seem a bit far-fetched, this defense has worked in some cases. If a defendant asserts a defense of insanity, he is essentially asking the court to declare him legally insane.

Criminal Offense of Driving Under the Influence of Drugs

The criminal offense of driving under the influence of drugs is similar to the criminal offense of driving while under the influence of alcohol. The crime of driving under the influence of drugs is codified and defined in the same statute as drunk driving in most states. The elements of driving under the influence of drugs are also virtually identical to the elements for drunk driving.

Overview of Open Container Laws

In 1998, as part of the Transportation Equity Act for the 21st Century Restoration Act, a federal program was created to encourage states to enact laws prohibiting the possession of alcohol in the passenger areas of motor vehicles. The federal program essentially provided that if states did not enact the so-called "open-container" laws, the states would be subject to a penalty transfer of federal highway construction funds to the state's safety grant program. Since the passage of the federal act, the vast majority of states have passed "open-container" laws that satisfy the federal requirements.

License Suspensions for DUI/DWI

Even if a driving under the influence (DUI) or driving while intoxicated (DWI) defendant does not receive a sentence of incarceration, it is likely that the defendant's license will be suspended or revoked. Courts are often limited by statute as to whether they can change the suspension terms to limit the impact on a defendant. A license suspension is generally not intended as a punishment but rather as a civil penalty imposed to protect the public.