Traffic Law DUI/DWI Newsletters

Consequences of No Contest Plea in DUI/DWI cases

Pleading no contest or nolo contendere means you admit no guilt for the crime, but merely signify your consent to being punished as if you were guilty. In the context of a drunk driving DUI (driving while intoxicated) or DWI (driving while under the influence) offense, such a plea is usually discretionary with the judge.

Displaying a Fictitious or Fraudulent Inspection Certificate

The 1990 Clean Air Act required the implementation of vehicle inspection and maintenance programs in areas that were moderate or worse nonattainment for ozone or carbon monoxide. Over half of the states have such programs in operation. The vehicle inspection programs vary by state. Some of the programs test only emissions, while other programs include inspections for safety features along with the emissions tests.

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 non-citizens 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 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.

Penalties for Driving Under the Influence of Drugs

In most states, the penalties for driving under the influence of drugs are the same or very similar to the penalties imposed for driving while under the influence of alcohol. 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 are similar to the Federal Sentencing Guidelines. The guidelines generally provide a sentencing range for each type of offense and provide the aggravating and mitigating factors that can increase or decrease the sentence.

Pre-Sentencing Alcohol Evaluations in DUI/DWI Cases

Most state laws governing driving under the influence (DUI) and/or driving while intoxicated (DWI) mandate that offenders receive intervention and treatment. According to these laws, if an offender is convicted of DWI/DUI, the offender is required to obtain a clinical substance abuse assessment to determine whether he or she will be recommended to complete a substance abuse education class or treatment program.