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 a "DUI"?
Driving a motor vehicle while under the influence
of alcohol or drugs or both is known as "driving under the
influence" or DUI. A person can be arrested for DUI if he or
she operates a motor vehicle with a breath or blood alcohol content
level (BAC) that is greater than the statutory limit, which is .08%
in all 50 states in the U.S. A person can also be placed
under arrest for DUI if he or she operates a motor vehicle while
under the influence of any amount of alcohol or drugs, or a
combination of the two, that makes the person unable to safely
operate his or her vehicle.
2. Why
do I need a DUI Lawyer?
If you have been charged with DUI you really should
consider getting a DUI attorney who will aggressively represent
your legal rights through the complexities involved in a DUI
case. DUI attorneys, finally, are able to assist you every
step of the way through the criminal process and also help you find
the answers you need.
Having a DUI attorney to plead your case and who
knows the DUI laws can greatly increase the possibility that you
will receive a reduced sentence and perhaps stay out of jail.
Today, due to the pressures of numerous entities that are outraged
with the personal and social irresponsibility of people who
continue to drink while under the influence of alcohol or drugs or
both, judges, through the vehicle of stricter fines and more
stringent penalties, are sending a clear message that such acts of
irresponsibility will not be tolerated.
Having a DUI defense lawyer can make the entire DUI
experience far less stressful. Not only this, but a DUI
attorney can answer your questions, prepare you for the proceedings
each and every step of the way, and ensure that if there is a way
to help you within the law, he or she will find this way.
A DUI lawyer will see if there's a way to get your
case dismissed, and if this possibility does not exist, your DUI
attorney will be looking at what viable defenses there are to
winning your case.
3. What
should I do if my vehicle is stopped by a police officer and he
asks me if I've been drinking?
While most DUI lawyers recommend that you act
politely, give your name, and provide various documents like your
driver's license, vehicle registration, and proof of insurance to
the police officer, you need to know that you are not legally
required to answer any other questions. In fact, you have the
right to remain silent and you have the right to contact an
attorney before you answer any questions other than giving your
name and providing the documents discussed above. Keep in
mind, however, that if you do decide to answer other questions,
your answers can be used by the prosecution, as well as by your DUI
attorney.
4. If I
am stopped for a DUI, should I undergo field sobriety
testing?
Field sobriety tests frequently consist of the "pen
light" test, the "one-leg stand," test, the "walk and turn" test,
and other field sobriety tests. If you are stopped by the
police for a suspected DUI, you need to know that you are not
required to take these or any field sobriety tests. In fact,
many DUI attorneys think that sobriety tests are invalid and lack
scientific merit.
5. 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.
6. Can
I represent myself in court for regarding my DUI? What can a
DUI lawyer do for me?
Although it is usually not a good idea, yes, you
can represent yourself concerning your DUI case. "Drunk
driving" and "driving under the influence" are very complex charges
with increasingly severe consequences. There's a minefield of
complicated evidentiary, administrative, constitutional,
procedural, license, and sentencing issues that are best addressed
and dealt with by hiring a DUI attorney.
7. Why
was I stopped and/or contacted by the police?
There are many different reasons you could have
been "pulled over" by a police officer. Some examples include the
following: expired registration tags, involvement in a
traffic accident, speeding, missing a front license plate, weaving
in and out of traffic, having tinted windows, and driving
erratically. Someone could have also reported you to the
police after seeing you leaving a party, a bar, a restaurant, or a
sporting event "under the influence" and getting behind the wheel
of a vehicle. In short, there are many possible reasons
why you were "pulled over" by a police officer.
8. Can
I request an independent blood test when I am stopped for a
DUI?
You have the right to get any independent,
third-party evidence that can help prove your innocence. If
you think that an "outside" blood test may help with your DUI case,
you can go to the hospital of your choice and ask them for a sample
of your blood so they can test it for alcohol content. Make
sure to get this done as soon as possible after your arrest and
also make sure to document the date and the time that the test was
taken. By the way, you will most likely be responsible for
payment of this blood test.
9. What
is implied consent?
Any individual who operates a motor vehicle within
various states and is arrested for an offense related to "driving
under the influence" is presumed to have given consent to a test of
his or her urine, blood, breath or other bodily substance for the
expressed purpose of determining the person's blood alcohol
concentration (BAC). The police officer has the right to decide
what type of test the driver must undertake and the authority to
require more than one type of test.
10. What is
the difference between a license revocation and a license
suspension?
In basic terms, if your license has been revoked,
you are usually ineligible for driving privileges for work or any
other driving privileges. A suspension, on the other hand,
typically results from getting too many points. Under this
scenario, you are usually eligible for limited driving privileges
for school, medical purposes, and for work.
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