The constitutionality of "per se" alcohol DUI-DWI statutes has been consistently upheld by appellate courts across the United Statesdespite attacks on a number of grounds. "Per se" statutes have been most frequently challenged on the ground that they violate due process of law by...
The rules pertaining to your administrative license suspension or revocation that occurs as soon as you are arrested for DUI-DWI vary greatly from state to state. Your right to drive in your state on such an administrative suspension/revocation will need to be discussed with your DUI-DWI attorney.
Contacting a "Top" DUI-DWI lawyer immediately after being released from jail is very important. By the time you have been arrested, the legal process has already started and the prosecution has already started to organize its case against you.
DUI-DWI Task Force officers in major cities set up their roadblocks where they are aware their “prey” is located. Therefore, they set up roadblocks at locations along major thoroughfares that have high numbers of restaurants and bars that lead to interstate highways and similar traffic arteries.
Police officers utilize two primary ways to charge you with “drunk” driving. These are “impaired driving” and “driving with an unlawful blood alcohol level” or “per se” DUI-DWI. These two types of offenses cover over 95% of all active DUI-DWI cases.
“Warrantless” arrests are made for majority of DUI-DWI arrest. Therefore, it is unlikely to be arrested and charged with DUI-DWI based on an illegal search warrant. However, the 4th Amendment guarantees every U.S. citizen the right not to have to defend himself or herself against an illegal search
Depending on the state in which you are convicted, a minimum sentence is typically set by statute regarding any sentence you could receive for a DUI-DWI conviction. A maximum sentence is also set by statute. The sentence handed down must fall between the minimum and maximum.