Newsletters

The Driver License Compact and DUI/DWI Cases

The Driver License Compact (DLC) is an interstate agreement among the party states to share traffic safety information and to ensure that drivers who commit traffic and vehicle code violations in party states are sanctioned in the driver's home or licensing state.

Physician-Patient Privilege in Drunk Driving Cases

It is common for a motorist suspected of drunk driving to come into contract with a physician. For example, if the motorist is injured in a traffic accident, first aid may be administered by a physician at the accident scene or the motorist may be taken to a hospital for treatment. In addition, law enforcement agencies often have policies in place that require them to take any motorists that are suspected of being intoxicated to a physician.

Criminal Offense of Failure to Report an Accident

Most jurisdictions require a motorist to prepare and forward an accident report to the state's department of motor vehicles whenever the motorist is involved in a motor vehicle accident resulting in property damage or injury. But even before filing a report, the driver has an affirmative duty to stop, provide information, and give notice to the police. These statutes are commonly referred to as hit-and-run statutes. The information commonly required by the statutes includes the driver's name and address, the registration number of the vehicle involved in the accident, and insurance information. In the event that no person is present or able to receive this information, the driver has an affirmative duty to report the accident to the police.

Consequences for First Time DUI/DWI Offenders

If you have been charged with driving under the influence (DUI) or driving while intoxicated (DWI) you may face a multitude of penalties even if it is your first offense. The penalties for these offenses are so varied that it would be impractical to discuss each state's penalties. Many states have adopted sentencing guidelines that provide a sentencing range for each type of offense and provide the aggravating and mitigating factors that can increase or decrease the sentence.

Role of Expert Testimony in Drunk Driving Cases

When an individual has been charged with drunk driving, the State will often present expert testimony concerning chemical tests. The State is required to provide a proper foundation for chemical tests. However, if the defense can show that the State's expert lacked the required qualifications or that another key component of a proper foundation for admissibility is missing, the defense can object to the admission of the chemical tests. Although courts may allow an expert to testify regarding the results of tests done by a lab technician under the expert's direct supervision, the evidence can be excluded if the defense can show that the expert witness had no knowledge about the details of the chemical analysis other than what the technician reported.