DUI Frequently Asked Questions
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Due to the fact that "driving under the influence" (DUI) is the most highly committed crime in
the United States, it is logical to conclude that many individuals have more than a few questions about the topic
of "driving under the influence".
As a result of the prevalence of DUI incidents as well as the dangerous and at times fatal
consequences that are correlated with DUI-related accidents, we are presenting some of the most frequently asked
questions about driving under the influence.
1. What is "DUI"?
"Driving under the influence" (DUI) is sometimes called "drunk driving" or
driving while intoxicated (DWI) and has two meanings:
First, you may be arrested for DUI or DWI for driving when your mental and/or physical
abilities are adversely affected by drugs, alcohol, or a mixture of alcohol and drugs.
Indeed, according to the law, it makes absolutely no difference whether the drug is illegal or
legal, over-the-counter or prescription.
If drinking alcohol and/or taking drugs negatively affects your ability to judge distances,
sight, hearing, reaction time, or any other physical or mental ability used in driving, you may be found guilty
of a drunk driving offense.
Second, you can receive a "driving under the influence" (DUI) arrest for driving with a blood
alcohol level over the state's maximum permissible blood alcohol limit. As of May, 2007, the limit for adults
is 0.08% in all 50 U.S. states.
2. Why do I need a DUI lawyer?
Even if you did drink and drive in an unsafe manner, a DUI attorney may be able to help
minimize your legal problems and maximize the chances that you can move ahead toward a more positive future
after your DUI proceedings.
A DUI criminal defense lawyer can help to equalize the balance of power between the prosecution
and the defendant and can work to maintain the constitutional rights that are guaranteed to all criminal
defendants.
If you have been charged with DUI, it is advisable for you to get advice from a DUI attorney in
your area as soon as possible. By doing this, you will know what to expect when you appear in
court.
Overall, criminal DUI cases tend to move quite rapidly through the court system and
unfamiliarity with various deadlines and procedural requirements could negatively affect your case.
With this in mind, it would stand to reason to hire a DUI lawyer for your DUI offense.
Being arrested for DUI can elicit feelings of anxiety, anger, depression, fear, and
embarrassment. Keep in mind that people from all walks of life have been arrested for DUI.
And try to remember that the more control you take over in your life now, including educating
yourself about current and relevant DUI laws, the greater peace of mind you will probably experience once
your DUI has been resolved.
Due to the fact that you are in a vulnerable situation, you need to consult with a DUI attorney
you can trust and one who will fight for your legal rights.
Any DUI defense includes challenging the "stop and arrest" by the police officer. Another
important area of a DUI defense is getting the breath test results suppressed.
Even if the breath test is not suppressed, however, a DUI lawyer may be able to discount the
results altogether. Recent challenges that have led to "suppression" include the following:
3. If I am stopped by a police officer and questioned, what should
I say to avoid a DUI arrest?
You are only required to identify yourself and give the police officer various documents such
as vehicle registration, driver's license, and proof of insurance.
In short, other than this, you do not have to respond to any further questions. There is no
need to volunteer information because no matter how well intentioned, this information can be misinterpreted
and can be used as evidence against you by the prosecution.
After identifying yourself and giving the police officer the documents discussed above, make it known the
police officer that you wish any further discussion to go through your attorney. And finally, remember to
be polite. Displaying an "attitude" certainly will not help your situation.
4. The officer is asking me to take field sobriety tests for a
suspected DUI. What should I do?
You cannot be legally forced to take any field sobriety tests when you are stopped by the
police. The police officer that gives the tests is the only "evaluator" of your performance and is
consequently often documenting only the things that you fail or do incorrectly. As a consequence, in the vast
majority of cases, a polite refusal to take any field sobriety test is appropriate.
5. Do I have a right to speak to an attorney if I am arrested for a
DUI?
Without a doubt, you have a legal right to speak to an attorney if you are arrested for a
DUI. While it is always a good idea for you to cooperate with requests made by the police concerning your
identification and important documents such as your vehicle registration or your proof of insurance, and with
any requests for you to take a breath test or a blood alcohol test, you are not required to participate in any
field sobriety tests or answer any additional questions.
Indeed, due to the fact that anything you say or do during the DUI arrest may and can be used against you by
the prosecution, it is typically a real good idea to contact a DUI attorney as soon as you can about your DUI
arrest.
6. I was arrested for DUI. Why am I being charged with committing
two crimes?
In some states, besides getting charged with DUI, "driving under the influence," a person may
additionally be charged with a "per se" offense for driving with a blood alcohol content level that is greater
than the legal limit. Note: the "per se" legal limit is .08% in all 50 U.S. states. Each of these
acts is a violation of the law and each is a crime for which an individual can be convicted.
7. When does a DUI become a felony?
There are numerous ways that your DUI may be charged as a felony DUI or an aggravated DUI:
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In most states, if you are arrested for DUI that results in severe injury or death you may be
charged with an aggravated DUI or a felony DUI.
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Under certain state laws, if you have been convicted of two DUIs within the past 7 years, another
arrest means that you will be charged with a felony DUI.
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In most states, if you are driving with a child under the age of 15 in your vehicle and you are
arrested for DUI you will be charged with a felony DUI even if you have no prior DUI convictions.
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In most states, if you are arrested for DUI while driving on a suspended or revoked license you may
be charged with a felony (or an aggravated) DUI.
8. What are the first steps typically undertaken in a DUI
defense?
In most cases, the DUI attorney will initiate an extensive interview of the individual who
received the DUI before accepting the case.
The attorney will review all the written documents related to the traffic ticket that was
written concerning the blood or breath test report, and the arrest.
The initial interview will routinely last around 60 to 90 minutes. Every factor and detail
of the DUI case and the applicable laws will be reviewed and discussed.
The initial interview is highly confidential and all information related to this interview will
be held in the strictest confidence.
If the attorney decides to accept the case, he or she will then present the person who received the DUI with
a detailed written contract for his or her review.
If the person who received the DUI agrees to the terms of the contract, he or she will then become the
attorney's client and the latter will start the representation process.
9. Why is it necessary for me to hire a DUI lawyer about my
DUI?
A DUI is a misdemeanor or a felony criminal offense and not just an "ordinary" traffic ticket.
If you are convicted of a DUI, there are mandatory legal penalties and consequences that can be substantially
reduced or even dismissed when you are represented by a DUI lawyer.
10. Who is most at risk for a DUI arrest?
According to the alcohol abuse and alcoholism research literature, young males between the ages
of 18 and 20 reported driving while impaired more frequently than any other age group.
In addition, male drivers involved in fatal motor vehicle crashes are around twice as likely as
female drivers to be intoxicated with a blood alcohol content level (BAC) of .08 percent or higher. Not
only this, but in 2007, approximately 83% of all of the alcohol-impaired drivers involved in fatal crashes were
males versus only 15% females.
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