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Enhanced Sentencing for DUI/DWI Offenses

There are certain factors which will trigger additional punishment in a drunk driving case. The factors generally considered include: (1) child endangerment, i.e. a child is in the car while driving under the influence of alcohol; (2) speeding above certain levels (20-30 mph over the limit) while driving under the influence of alcohol; (3) having a blood alcohol concentration or breath alcohol test of .15 percent or greater while driving; (4) refusing to submit to a chemical test of blood, breath, or urine when suspected of driving under the influence; (5) an accident, property damage, or injury arising out of driving under the influence; and, (6) prior convictions for a related drunk driving offense.

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.

Criminal Offense of Unsafe Passing

Passing another vehicle is an important part of driving; if done poorly, it can be a dangerous and even fatal maneuver. The statutes addressing passing generally require motorists to allow a passing motorist, moving in the same direction, free passage to the left. The overtaken motorist is specifically prohibited from increasing his or her speed to prevent the overtaking motorist from passing.

Criminal Offense of Failure to Use/Improper Use of Turn Signals, Headlights, and Emergency Flashers

In the exercise of its police power, a state may establish minimum equipment and usage standards for lighting equipment of motor vehicles, including headlamps, rear lighting, turn signals, and hazard warning lights.

Breathalyzer versus Blood Tests in Drunk Driving Cases

The most frequently used test in drunk driving cases is the breath test, or Breathalyzer test. The breath test is used more frequently that urine or blood tests to test for the blood alcohol level because it is less intrusive and the apparatus is easily portable and convenient to use, even in the field. Because blood tests are universally relied upon as stronger evidence than breath tests, the prosecution will seek it whenever it can. In many states, a blood test may only be administered in cases involving death or serious bodily injury, or when the motorist required medical treatment and the administration of a breath or urine test was impractical or impossible. ¤Although a motorist may refuse this test, the refusal is usually admissible in evidence against the motorist at the administrative or judicial hearing.