DUI Frequently Asked Questions

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Since "driving under the influence" (DUI) is the most frequently committed crime in the United States, it stands to reason that many people have a lot of questions about this topic. 

As a result of the prevalence of DUI incidents as well as the harsh consequences that are associated with driving under the influence circumstances, we are providing some of the most frequently asked questions about driving under the influence.

   1.   What is "DUI"?

In every state, it is illegal for adults who are at least 21 years old to drive a motor vehicle with a blood alcohol concentration (BAC) of .08% or more. A person's blood alcohol concentration can be determined through chemical testing from his or her urine, breath, saliva, hair, or from his or her blood. 

Every state also has an "Implied Consent Law" which means that if an individual has a driver's license, he or she has implicitly consented to submitting to a chemical test if properly asked by police. If an individual refuses such a chemical test, he or she could face even more severe consequences.

An individual can be also be charged with DUI if he or she operates a motor vehicle while under the influence of any amount of drugs or alcohol, or a combination of the two, which makes the individual unable to safely operate the vehicle that he or she is driving. 

The upshot of this is that an adult can actually receive a DUI with a blood alcohol concentration that is less than .08%.

   2.   Why should I hire a DUI lawyer?

When you place yourself in the hands of a DUI lawyer, chances are that you will be treated fairly and respectfully and will receive the best defense that is possible. 

DUI attorneys understand how critical a good defense is to your case and so they try to do everything they can to protect your legal rights.

A drunk driving charge almost always necessitates the services of a drunk driving attorney. 

That is, a DUI requires a DUI attorney who is familiar with the rules of evidence, the analytical methods, and the constitutional issues that will be faced in a drunk driving case.

The effects of driving under the influence (DUI) can be far reaching, both from a legal and from a psychological vantage point.

Noting the substantial number of fatalities and injuries related to DUI all through the United States, numerous state officials have become incensed with this lack of personal and social accountability and, as a consequence, are imposing strict penalties on DUI offenders. 

In such a "climate," it is therefore important for people who have been arrested for DUI to discuss their case with a DUI attorney so that their legal rights are protected to the fullest extent of the law.

If you have been charged with DUI you need a DUI attorney who will aggressively represent your legal rights through the complexities involved in a DUI trial. 

Many, if not most, DUI attorneys will try to assist you every step of the way through the criminal process and help you find the answers you need.

Most DUI lawyers try to do everything in their power to help you when it comes to your DUI arrest. To prevent you from losing your driver's license and to keep your record "clean," DUI attorneys begin by believing that you shouldn't have been arrested in the first place.

With this belief firmly engrained in their minds, DUI lawyers "fight" for you and for your legal rights.

   3.   Is it advisable to discuss my DUI circumstances with co-workers, friends, or family members?

It is usually best if you don't discuss your DUI arrest with anyone other than your lawyer due to the fact that family members, co-workers, and friends may be called as witnesses by the prosecution. 

In short, in order to protect your reputation and receive the best case scenario in your legal proceedings, speak about your DUI arrest only with your lawyer because in the final analysis, your attorney cannot be called as a witness by the prosecution in a DUI case.

   4.   I was arrested for DUI.  Why am I being charged with committing two crimes?

In some states, along with being charged with "driving under the influence) (DUI), you may additionally be charged with a "per se" offense for driving with a blood alcohol concentration (BAC) that is over the legal limit. Note:  in all 50states, the "per se" legal limit is .08%. Each of these acts is a violation of the law and each is a crime for which a person can be convicted.

   5.   When I got a DUI, the officer took my license but I still need to drive to work.  What can I do?

You can apply at any department of motor vehicles field office for a "restricted license" that will enable you to drive to and from work.

   6.   What are some of the terms that are synonymous with DUI?

The following terms are synonymous with the term "DUI" (driving under the influence) in different U.S. states:

• Operating while intoxicated (OWI)
• Driving under the influence of intoxicants (DUII)
• Operating under the influence (OUI)
• Driving while intoxicated (DWI)
• Driving while under the influence (DWUI)  

   7.   What are field sobriety tests?

Field sobriety tests are given by police officers to establish whether a person is operating a motor vehicle while impaired by drugs, alcohol, or both.

Field sobriety tests are often based on coordination and agility. The "rationale" underlying these tests is that if a person is impaired alcohol, drugs, or from a combination of both, his or her agility and coordination will be negatively affected and the individual's "performance" on these tests will suffer.

   8.   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 good idea to contact a DUI attorney as soon as you can about your DUI arrest.

   9.   Will I be able to get my DUI case dismissed because I was not read my rights?

In most instances, even when you were not read your rights, your DUI case will not be dismissed. Based on a review of the details and the facts pertaining to your case, on the other hand, it is possible to challenge the admissibility of the police officer's statements depending upon when they were given relative to your stop and/or your arrest.

   10. Is there anyway to avoid a DUI?

It probably sounds unrealistic, superficial, and too easy, but if you truly want to steer clear of getting arrested for a DUI, then don't drink and drive. Call a friend or family member, designate a driver, call a taxi for a ride, or walk, but no matter what, do not drink and drive.

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