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 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.

Diversion Programs for DUI/DWI Offenses

Some efforts to prevent recidivism among offenders charged with driving while intoxicated (DWI) or driving under the influence (DUI), particularly those drivers who suffer from alcohol-use disorders, focus on motivating the offenders to participate in treatment programs. A number of states have programs allowing certain drunk driver offenders to be diverted from criminal sanctions by entering alcohol education or treatment programs (DPs).

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.

Double Jeopardy Defense in DWI/DUI Cases

Drunk driving defendants have challenged the constitutionality of the states' dual use of administrative license suspension (ALS) statutes and criminal driving while intoxicated (DWI) prosecutions with the so-called Double Jeopardy Drunk Driving defense.