PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us via telephone or through video conferencing. Please call our office to discuss your options.

Experience You Can Count On

Criminal cases demand great skill from your defense attorney. James A. Baker has the experience and expertise to protect your rights during any criminal prosecution.

  1. Home
  2.  → Traffic DUI DWI Articles

Elements of OUI/OWI (Operating Under The Influence Or While Intoxicated)

There are various statutory formulations used to describe the requisite elements of the criminal act of drunk driving. In several states, the requisite act consists solely of ”operating.” These laws are known by the acronyms, OWI (operating while intoxicated) or OUI (operating under the influence).

Penalties For Felony DUI/DWI

The penalties for felony driving under the influence (DUI) of alcohol or driving while intoxicated (DWI) vary depending upon the state. Many of the states have adopted sentencing guidelines that are similar to the Federal Sentencing Guidelines. Under these guidelines, the states usually provide a sentencing range for each type of offense and provide aggravating and mitigating circumstances that can be used to increase or decrease the sentence.

Criminal Offense Of Driving Without A Valid Driver’s License

It is illegal to drive a vehicle on a street or highway without a valid driver’s license. The right to drive an automobile on public roads is a privilege and not a right. The right to operate a motor vehicle is granted by the state, and its use depends upon the motorist complying with the conditions prescribed in granting the license.

Immigration Consequences Of A DUI/DWI Conviction

The dangers and consequences of drunken driving are obviously serious, but the consequences of drunken driving convictions for noncitizens of the United States can be grave. In addition to the possibility of losing driving privileges and facing higher insurance premiums, drunken driving convictions may lead to inadmissibility or to the deportation of the noncitizen from the United States, denial of adjustment during the green card process, or a finding of bad moral character at a naturalization interview.

Use Of Audio & Visual Evidence In Drunk Driving Cases

Audio and visual evidence is evidence that appeals to our auditory and visual senses. In other words, it is evidence that we can see or hear. Videotapes and photographs are examples of visual evidence. A voice recording is an example of audio evidence. Audio and visual evidence is often used in drunk driving cases.