Dui

Dui in United States

Dui Definition

Driving Under The Influence in this Legal Encyclopedia
Driving Under The Influence definition in the Law Dictionary

Dui in Foreign Legal Encyclopedias

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Dui Dui in the Employment and Labor Portal of the American Encyclopedia of Law.
Dui Dui in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Dui Dui in the Environmental Law Portal of the American Encyclopedia of Law.

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DUI in the Criminal Justice System

This section covers the topics below related with DUI:

DWI

Driving Under the Influence and Impaired Driving

The Centers for Disease Control and Prevention report that 10,076 people died in alcohol-related motor vehicle accidents in 2013.

For Individuals Facing DUI Charges (in General)

(In United States law, in the context of DUI) If an individual is involved in an accident and alcohol contributed to the accident, he or she may face criminal DUI charges.

Field Sobriety Tests

Note: Find out more information about this topic in this American legal Encyclopedia. If a person is suspected of drinking and driving, a law enforcement officer may conduct a field sobriety test.

Horizontal Gaze Nystagmus

Note: Find out more information about this topic in this American legal Encyclopedia. This test evaluates the involuntary movements of a suspect’s eyes. All eyes move involuntarily when they gaze to the side.

Walk and Turn

Note: Find out more information about this topic in this American legal Encyclopedia. This test require the suspect to take nine steps on a straight line. The suspect walks heel to toe and then turns on one foot.

One-Leg Stand

Note: Find out more information about this topic in this American legal Encyclopedia. The final test is the one-leg stand in which a suspect is instructed to stand with one foot approximately six inches off of the ground.

Other Tests

Note: Find out more information about this topic in this American legal Encyclopedia. Some officers may use other tests than the three standardized ones listed above, including asking the suspect to count, recite the alphabet, standing and tipping feet according to certain instructions or asking the suspect to touch his or her nose while having his or her eyes closed.

Breathalyzer Test

Note: Find out more information about this topic in this American legal Encyclopedia. A law enforcement officer may conduct a Breathalyzer test at the scene of the traffic stop or at a police station.

DUI Defenses (in General)

(In United States law, in the context of DUI) There are several defenses that a defendant may make through his or her attorney.

Not Driving

Note: Find out more information about this topic in this American legal Encyclopedia. In some cases, the defendant was not actually driving at the time the initial investigation started.

Invalid Stop

Note: Find out more information about this topic in this American legal Encyclopedia. A law enforcement officer must have a reasonable suspicion that a suspect is committing a crime before he or she has the legal right to stop the vehicle.

Innocent Reasons for Poor Field Sobriety Tests

Note: Find out more information about this topic in this American legal Encyclopedia. A criminal defense lawyer may present evidence to refute the law enforcement officer’s observations that ultimately led to the arrest.

Breath, Blood or Urine Test Defenses

Note: Find out more information about this topic in this American legal Encyclopedia. In some cases, a defendant may perform poorly on a Breathalyzer test, blood test or urine test that shows that his or her blood alcohol level was above the legal limit.

For Victims of DUI Accidents (in General)

(In United States law, in the context of DUI) Sometimes alcohol is a contributing factor in an accident.

Wrongful Death Cases

Note: Find out more
information about this topic in this American legal Encyclopedia. Wrongful death cases are brought by family members who are affected by the loss of a loved one.

Elements of DUI (in General)

(In United States law, in the context of DUI) The specific elements of DUI that the prosecution has the burden of proving are based on the criminal statute in question.

Not Being Made Aware of Rights (in General)

(In United States law, in the context of DUI) DUI laws are based on state law. Many states require officers to give the defendant specific warnings before participating in certain tests or being asked to consent to a chemical test.

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See Also

  • DWI
  • Driving Under the Influence and Impaired Driving

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