DUI Frequently Asked
Questions
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Due to the fact that "driving under the
influence" (DUI) is the most commonly committed crime in the United
States, it is logical to conclude that many individuals have a lot
of questions about this subject matter. As a consequence of
the high occurrence of DUI incidents as well as the severe
ramifications that are linked to DUI injuries, accidents, and
fatalities, we are providing some of the most frequently asked
questions about driving under the influence.
1. What is
"DUI"?
The consequences of driving under the influence
(DUI) can be far reaching, both from a legal and an emotional
vantage point. Considering the substantial number of injuries
and fatalities that are related to DUI throughout the United
States, many state legislators have become incensed with this lack
of personal and social responsibility and, as a consequence, are
imposing stringent penalties on offenders.
DUI is an acronym for "driving under the
influence." A person is guilty of DUI if he or she drives a
motor vehicle while under the influence of alcohol or any drug,
prescription or otherwise, to the extent that his or her
physiological responses and/or mental faculties are impaired or
when his or her blood alcohol concentration level (BAC) is above
the legal limit for the state in which he or she is driving.
At the time of this writing, the legal limit regarding blood
alcohol concentration (BAC) in all 50 states in the United States
is .08%.
2. Why do I need a DUI
Attorney?
DUI charges require a specialized DUI criminal
defense lawyer. Don't let the State convict you of a DUI when
you may indeed have a "doable" defense. If you have been
arrested for "driving under the influence" and have a DUI charge
filed against you, please consider hiring a criminal defense
attorney who will do whatever it takes to get a favorable outcome
for you and for your legal rights.
Getting stopped by a police officer and being
accused of drunk driving can be an extremely stressful and scary
experience. Many "good" individuals with no criminal record
experience these feeling every day because of the fact that they
have been arrested for DUI. A DUI lawyer will help you
understand what has happened to you and what lies ahead concerning
your DUI case.
If you have prior convictions for drunk driving,
hiring a DUI lawyer is strongly suggested. Why? Mainly
because DUI attorneys know how to get prior convictions removed,
thereby possibly reducing your fines and penalties to a great
extent should you be convicted.
Most DUI defenses include challenging the "stop and
arrest" that was performed by the police. Another significant
area of DUI defense is getting the breath test results
suppressed. Even if the breath test is not suppressed,
however, a DUI attorney may be able to dismiss the results
altogether. Recent legal challenges that have led to
"suppression" include the following:
-
A constitutional challenge to the new DUI statute
itself.
-
Software problems in the testing
machine.
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Defective warnings prior to conducting the
test.
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A lack of calibration and certification of the
thermometer in the testing machine.
3. What is the best way
to beat a drunk-driving charge?
The best way to avoid a DUI arrest is to refrain
from drinking when you drive. Call a family member or a
friend for a ride, call a taxi, or use a designated driver or don't
drink alcohol if you are going to need to drive within a few
hours.
4. Can I be charged
with DUI even if I'm on private property?
Yes, you can be charged with DUI whether you are on
private property, on a street, or driving on the highway. All
that is required is for you to be in actual physical control of a
motor vehicle while impaired by alcohol or drugs or
both.
5. If my blood
alcohol content was under .08%, won't my DUI case be dismissed
automatically?
Not necessarily. The prosecutor can try to
prove that you were driving under the influence based upon other
evidence such as your field sobriety test scores, physical
mannerisms, your driving performance, and personal
appearance.
6. If my license was
suspended/revoked in one state can I get a driver's license in
another state?
Regrettably, if your driver's license was suspended
or revoked in one state, in most circumstances, you will be unable
to get a driver's license in another state. The reason for
this is that the District of Columbia and at least 45 states adhere
to the "Driver's License Compact Act." According to this act,
when a person receives an out-of-state DUI conviction, this
information will be reported to your home state that will, in turn,
typically suspend your driver's license. What is more, if you
receive a DUI conviction in one state and move to another state
that participates in the "Driver's License Compact Act," if it
highly unlikely that you be able to get a driver's license in this
second state.
7. Can people be guilty
of DUI if they drive under the influence of prescription
medications?
Unfortunately, an individual can be guilty of DUI
even if he or she is under the influence of prescription
medications. Regardless of whether the individual has a
prescription or not, the DUI statute clearly prohibits anyone from
driving while impaired.
8. If I am arrested for
a DUI, can I avoid jail time?
In some states, if you have a blood alcohol
concentration of .15 or higher, mandatory jail time is involved.
This also means that if this is your first DUI, your blood alcohol
content was fairly low (let's say right at .08%), and there were no
other extenuating circumstances (for instance, you didn't have a
child under the age of 15 years old in your vehicle at the time of
your DUI arrest and/or no traffic fatality resulted from your DUI)
in many states you will be able to avoid jail time.
Furthermore, DUI lawyers are frequently able to keep the punishment
at the absolute lowest level allowed by the law.
9. I just received
a DUI. Is there a way to challenge the results of the alcohol
breath test?
A DUI lawyer knows how to identify and focus on any
potential problems with the various tests, providing you with the
best chance to fight the charge.
10. Who is most at risk
for a DUI arrest?
According to the research findings, young men
between the ages of 18 and 20 reported driving while impaired more
often than any other age group. What is more, male drivers
involved in fatal motor vehicle crashes are roughly twice as likely
as female drivers to be intoxicated with a blood alcohol
concentration of .08 percent or greater. And finally, in
2007, roughly 83% of all alcohol-impaired drivers involved in fatal
crashes were males as opposed to only 15% regarding
females.
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