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"?
DUI is an abbreviation for "driving under the
influence" of alcohol or any substance or chemical that impairs a
person's driving ability. For adults who are 21 and older, it
is illegal to drive with a blood or breath alcohol content (BAC) of
.08 or higher and for "minors" who are under the age of 21, it is
illegal to drive with a blood alcohol content (BAC) of .02 of
higher.
It is worthy of note to emphasize the fact that
driving while adversely affected by alcohol or drugs, or both is
illegal in all 50 states.
2. Why do I need a
DUI Lawyer?
If you have been charged with DUI, it is advisable
for you to get advice from a DUI attorney in your area right
away. By doing this, you will know what to expect when you
appear in court. Generally, criminal DUI cases tend to move
fairly rapidly through the court system and unfamiliarity with the
deadlines and procedural requirements could harm your case.
With this in mind, it clearly makes a lot of sense to hire a DUI
lawyer for your drunk driving case.
A DUI attorney will see if there's a way to get
your case dismissed, and if this is not possible, your DUI lawyer
will be focusing on what viable defenses there are to winning your
case.
Drunk driving attorneys work in the area of
defending DUI cases. DUI lawyers understand the many
different and complicated issues involved and may be able to fight
to have charges significantly reduced or even dismissed. Due
to the complexities involved in a DUI offense, why would you want
to try to defend yourself when your freedom is at stake? In a
word, under the circumstances it would appear to make a lot of
sense to hire a DUI defense attorney to fight for your legal
rights.
Every state now has strict DUI penalties in place
to prevent people from drinking and driving. Examples of such
penalties include the following:
Even for a first DUI conviction, you could lose
your driver's license, experience insurance coverage problems, face
the loss of your job, and experience possible restrictions on your
interstate and international travel. The good news, however,
is that you can quite possibly avoid all or most of these penalties
by hiring a DUI lawyer.
3. Will I be able
to get my DUI case dismissed because I was not read my
rights?
Probably not. Based on a review of the facts
and the details of your DUI case, however, it is possible to
challenge the admissibility of the police officer's statements
depending upon when they were given in relation to your stop and/or
arrest.
4. Is there anyway
to avoid a DUI?
It may sound too easy, superficial, and unrealistic
but if you want to avoid a DUI arrest, then don't drink and
drive. Designate a driver, walk, call a taxi, call a family
member or a friend for a ride, but no matter what, do not drink and
drive.
5. If my
blood alcohol content was under 08%, will 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 I am
arrested for DUI, should I hire a lawyer?
If you want to contest your DUI charges, you should
consider hiring a DUI lawyer. Furthermore, if you are charged
with a felony DUI, you should definitely consider being represented
by a DUI attorney. DUI legal proceeding are very complicated
and almost always require the employment of a DUI attorney in order
to obtain the best possible legal results.
7. If my license
is suspended for DUI will it automatically be
reinstated?
Keep in mind that driving privileges are not
automatically reinstated after a suspension due to a DUI
arrest. The driver needs to complete some documentation and
pay a fee before his or her driving privileges are
reinstated. If this is not done, the person's driving
privileges are still considered to be suspended.
8. Does a person
who received a DUI have the right to challenge his or her license
suspension?
Yes, you have the legal right to challenge your
license suspension due to a DUI or another traffic violation and
you may request a hearing regarding the suspension of your license
by taking your notice of revocation to your local DMV. If you
request a hearing, you will be given a temporary driving permit
that will allow you to drive until the hearing
date.
9. 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.
10. I received a DUI
conviction. How long can my license be
suspended?
In a DUI situation, your license can be suspended
from 90 days all the way to 4 or more years. The different
suspension times depend on prior offenses, your blood alcohol
level, if a traffic fatality resulted from your DUI, if a child 15
years old or younger was in your vehicle at the time of your DUI
arrest, if you refused to submit to a chemical or alcohol test, and
so on.
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