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Penalties for OUI/OWI (Operating Under the Influence or While Intoxicated)

The penalties imposed by states for operating while intoxicated (OWI) and operating under the influence (OUI) follow the same pattern of penalties imposed by states enforcing laws for driving under the influence (DUI) and/or driving while intoxicated (DWI). In general, all states and the District of Columbia have "per se" laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a proscribed level of 0.08. percent and above.

Penalties for Criminal Offense of Driving While Impaired

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.

Consequences of No Contest Plea in DUI/DWI cases

Pleading no contest or nolo contendere means you admit no guilt for the crime, but merely signify your consent to being punished as if you were guilty. In the context of a drunk driving DUI (driving while intoxicated) or DWI (driving while under the influence) offense, such a plea is usually discretionary with the judge.

Reckless Driving Violations

A person commits the offense of reckless driving if the person drives a vehicle in willful or wanton disregard for the safety of people or property. The phrase "willful and wanton" means that the motorist showed deliberate and conscious indifference to the safety of others. The essence of reckless driving lies in the manner and circumstances of the vehicle's operation, not merely in the act of operating a vehicle.

Use of Audio & Visual Evidence in Drunk Driving Cases

Audio and visual evidence is evidence that appeals to our auditory and visual senses. In other words, it is evidence that we can see or hear. Videotapes and photographs are examples of visual evidence. A voice recording is an example of audio evidence. Audio and visual evidence is often used in drunk driving cases.

Lexis Nexis

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