Penalties for DUI Manslaughter

Manslaughter is the unlawful killing of another human being, but not done with intent or malice. In response to the increasing number of homicides caused by drunk drivers, some states have created a distinct offense for deaths caused by drunk driving. These are commonly referred to as, inter alia, "vehicular manslaughter", "manslaughter with a vehicle," "negligent homicide manslaughter," or "DUI manslaughter."

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 a number of states, the requisite act consists solely of ''operating.'' These laws are known by the acronyms, OWI (driving while intoxicated) or OUI (driving under the influence).

Overview of Underage DUI/DWI Laws

The United States Congress passed the National Highway System Designation Act of 1995, which required states to enact and enforce zero-tolerance laws aimed at individuals under the age of 21 (a "juvenile") who have a blood-alcohol concentration (BAC) of 0.02% or greater while operating a motor vehicle. This federal law required states to pass zero-tolerance legislation as a condition for receiving federal transportation funds.

Warrantless Searches of Automobile Compartments

The law of search and seizure is guided by the Fourth Amendment to the United States Constitution. This amendment, which protects individuals from unwarranted invasions of their privacy interests, requires that searches of private property be performed pursuant to a search warrant. Over time, however, the United States Supreme Court has allowed an exception for warrantless searches of automobiles. The justification for the exception is based upon the mobility of automobiles and the diminished expectation of privacy in automobiles.

Admissibility of Evidence of Drug Use in Driving Under the Influence of Drugs Cases

The finding of a drug of abuse in a subject's blood or urine may result in extreme prejudice against the defendant even if evidence of impairment is not convincing. The mere presence of such a controlled substance may be enough for conviction. For this reason, many courts require probable cause for suspecting drug impairment before a sample can be taken and/or analyzed for the drug. The Drug Evaluation and Classification program (DRE) evaluation in some cases will be enough to show probable cause.