Tag Archives: DWI

Understanding Drowsy Driving in Relation to DWI

Drowsy driving

While accident and deaths as a result of DWI/DUI get most of the media attention, a report from AAA shows that in the Spring of the year 2010, more than 41% of the U.S. drivers surveyed admitted to having nodded off or fallen asleep while driving. In fact, drowsy driving was the cause of approximately one of every six fatal car accidents and one of every eight crashes that resulted in a hospital visit. These statistics, however, do not even reflect the entirety of the problem.

One main reason that accidents resulting from drowsy driving are not often reported is because of hyperarousal. Hyperarousal is a condition or state that usually eliminates all noticeable signs of impairment due to fatigue and drowsiness. Since the more noticeable signs of drowsiness are eradicated by the chaos of an automobile accident, the main cause of the crash is often not detected or reported.

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What is the Difference between DUI and DWI?

DUI v. DWI

Different states use various letter designations for the spectrum of alcohol and substance related driving offenses committed within their borders. New York recognizes DWI (Driving While Intoxicated), DUI (Driving Under the Influence), DWAI (Driving While Ability Impaired (by alcohol)), and DWAI /drugs (Driving While Ability Impaired (by a substance other than alcohol)). New York also prosecutes for Chemical Test Refusal and underage drinkers with a BAC of 0.02% or more, based on the Zero Tolerance law.

One question that often comes up is the difference between DUI and DWI. After all, both charges involve operating a vehicle while under the influence of drugs, alcohol, or any other mind-altering substance. Yet, there are some differences in the two charges.

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Kansas Court Rules Driver’s Field Sobriety Test Results are Meaningless in DUI Defense

Mock DUI-DWI Test

According to a recent Kansas Supreme Court decision, Kansas v. Edgar,  field sobriety tests are only used to gather evidence to convict a driver of DUI, and not to exonerate him or her of the DUI charge.

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Utah Highway Patrol Fired Over False DUI Arrests

False arrests

Trooper of the year in Salt Lake City, Utah is now up against a lawsuit for false DUI charges for over 1500 people.  Lisa Steed had made over 400 arrests in 2009 beating out most of the state of Utah and receiving recognition from the state, but I guess she pulled a fast one over everyone’s heads.  Now, many who were arrested by the hands of Steed are coming forward to complain of the charges that were raised against them.

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