Excerpt
The National Highway Traffic Safety Administration estimates that there were 13,470 traffic fatalities in 2006 caused by drivers under the influence (DUI) of alcohol. Across the country, States have enacted strict laws in an attempt to control the problem, including lowering the maximum blood alcohol level for vehicle operation to .08 percent and mandating harsher penalties for repeat offenders.
Last term, the U.S. Supreme Court heard a case that asked them to determine the nature of DUI offenses: Are they violent acts? Should they qualify for increased punishment compared with other criminal violations?
The case…
In This Issue
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Foreword
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DWI in New Mexico
Overview of State Law
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Before the Court
The Justices Weigh in During Oral Arguments
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Opinion of the Court
A Felony DWI Conviction Does Not Qualify as a "Violent Felony" Under the ACCA
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Pro & Con
Do Prior Felony Driving-Under-the-Influence Convictions Qualify as "Violent Felonies" Under the Armed Career Criminal Act?
