Use of HawkEye Infrared Device to Check for DUI/DWI

A California company has created a new tool for law enforcement in the war on drinking or taking drugs and driving. The HawkEye law enforcement system is a lightweight, handheld device that captures a driver's eye behavior on either a computer or DVD. The device is now being used by police officers at select sobriety checkpoints throughout the United States.

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."

"Involuntary Intoxication" Defense to a DUI Charge

Because driving while intoxicated is a strict liability offense, meaning that it does not require specific intent, the defense of "involuntary intoxication" is often difficult to assert. Involuntary intoxication is a defense to criminal culpability when it is shown that: (1) the accused has exercised no independent judgment or volition in taking the intoxicant; and (2) as a result of his intoxication, the accused did not know that his conduct was wrong or was incapable of conforming his conduct to the requirement of the law he allegedly violated.

Criminal Offense of Driving Under the Influence of Drugs

The criminal offense of driving under the influence of drugs is similar to the criminal offense of driving while under the influence of alcohol. The crime of driving under the influence of drugs is codified and defined in the same statute as drunk driving in most states. The elements of driving under the influence of drugs are also virtually identical to the elements for drunk driving.

Penalties for Traffic Device Control Violations

Most states maintain statutes directing motorists to obey traffic control devices, including green, yellow, and red signals or arrows, lane direction control signals, stop signs, and yield signs. In addition to directing drivers to obey the directions of traffic control devices, the governing statute will explain the appropriate driver responses to traffic control devices. For example, a statute may direct that a driver stop at a clearly marked stop line as the driver approaches a flashing red light used in a traffic control device or with a traffic sign. These statutes also direct driver responses in the event the traffic control signal is out of operation or functioning improperly.