Elements of DUI/DWI Offenses Involving Operation of a Boat

All states have BUI laws making it unlawful to operate any vessel while under the influence of alcoholic drugs, certain controlled substances, and drugs. On navigable waters of the United States, federal law provides for a civil fine of not more than $ 5,000 for any person operating a vessel under the influence of alcohol or a dangerous drug. Alternatively, the boater may be charged with a class A misdemeanor.

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.

Vehicle and License Plate Sanctions for DUI/DWI

When a defendant is convicted of driving under the influence or driving while intoxicated, the defendant is usually subject to a license revocation or suspension, fines, and possible jail time. In addition, many states provide for penalties that affect the defendant's vehicle and license plates.

Chemical Test Presumptions in Drunk Driving Cases

If you have ever been arrested for drunk driving you were probably given some sort of chemical test to determine your blood alcohol content. The most common chemical tests include a breath test or blood test. Many jurisdictions have statutes that allow prosecutors to give presumptive effect to chemical test readings of blood-alcohol content. In other words, if a person's blood alcohol content is at a certain level, the court will presume automatically that the person was driving under the influence of alcohol. Depending on the jurisdiction, some statutes will use the word "presumption," while others use the term "prima facie evidence."

Elements of Felony DUI/DWI

The elements of the criminal offense of driving under the influence (DUI) and driving while intoxicated (DWI) are universal in most jurisdictions. The elements include the following: (1) that the defendant operated or was in physical control of a vehicle upon a roadway; (2) within the court's jurisdiction; and (3) and the operation occurred while the defendant was either under the influence of an intoxicant or narcotic to the extent that his or her normal faculties were impaired or the defendant was driving with a blood alcohol concentration above a prohibited level.