DUI Frequently Asked
Questions
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Due to the fact that "driving under the
influence" (DUI) is the most routinely committed crime in the
United States, it makes sense to conclude that many individuals
have more than a few questions about this topic. As a result
of the pervasiveness of DUIs as well as the serious outcomes that
are related to DUI-related fatalities, injuries, and accidents, we
are listing some of the most frequently asked questions about
driving under the influence.
1. What is
"DUI"?
Drunk driving or "driving under the influence"
(DUI) is sometimes called driving while intoxicated (DWI) and has
two meanings. First, you may be guilty of DUI or
DWI when your physical and/or mental abilities are impaired by
alcohol, drugs, or a combination of alcohol and drugs while you are
driving. In fact, according to the law, it makes absolutely
no difference whether the drug is over-the-counter or prescription,
legal or illegal.
If drinking alcohol and/or taking a drug adversely
affects your ability to judge distances, your reaction time, or
your hearing or your sight, or any other mental or physical used in
driving, you may be found guilty of a drunk driving offense.
Second, driving with a blood alcohol concentration
(BAC) over the state's maximum permissible blood alcohol limit.
As of May, 2007, the limit for adults is 0.08% in all 50
states.
2. Why should I
hire a DUI Lawyer?
Having a DUI defense attorney can make the entire
DUI experience far less stressful. What is more, a "drunk
driving" lawyer 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.
DUI law is a highly complex field and requires a
"driving under the influence" lawyer to accurately review your case
for defects, to suppress evidence when necessary, and to negotiate
a "plea." In addition, a DUI attorney will be able to zero in
on important matters such as obtaining expert witnesses for trial,
contesting the administrative suspension of your license (if this
becomes an issue), requesting that blood samples are independently
analyzed, and reviewing the maintenance and calibration records for
the breath machine (if this was used to measure your blood alcohol
concentration (BAC) at the time of your arrest).
DUI charges usually require the input from a DUI
criminal defense attorney. Don't let the State convict you of
a DUI when you may in fact have a viable defense. If you have
been arrested for drunk driving and have a DUI charge filed against
you, please hire a DUI criminal defense lawyer who will do whatever
it takes to get a favorable outcome for his or her clients.
A DUI lawyer will be able to evaluate your case and
establish whether there are constitutional violations or other
defenses that potentially weaken the prosecution's case.
Using this information, the DUI attorney can negotiate with the
prosecution for a reduced charge and in some instances, even a
complete dismissal of the charge. In short, without the
representation of a DUI lawyer, you substantially reduce your
chances of getting the best possible legal
results.
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 usually 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 to 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. If I am stopped
for a DUI, should I undergo field sobriety testing?
Field sobriety tests frequently consist of the
"walk and turn," test, the "one-leg stand," test, the "pen light"
test, and other field sobriety tests. If you are arrested by
the police for a suspected DUI, you should know that you are not
legally required to take these field sobriety tests. What is
more, many DUI lawyers believe field sobriety tests lack scientific
merit and are invalid.
5. Do I have a
right to speak to an attorney if I am arrested for a
DUI?
Absolutely. While you should cooperate with
requests by the police regarding your identification and various
documents such as your proof of insurance and your vehicle
registration and with any requests for you to take a blood alcohol
test or a breath test, you are not required to undergo any field
sobriety tests or answer any additional questions. In fact,
since anything you say or do during the DUI arrest may and can be
used against you by the prosecution, it is usually a very good idea
to contact a DUI lawyer as soon as possible about your DUI
arrest.
6. 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.
7. What is the
main goal of sobriety checkpoints?
Even though sobriety checkpoints do in fact remove
some drinking drivers from the highways, the main goal of sobriety
checkpoints is to significantly reduce driving after drinking by
increasing the perceived risk of arrest.
8. What happens
when a citizen calls 911 to report a suspected drunk
driver?
In most states, the 911 dispatcher will ask the
caller for a description of the vehicle (such as color, make, and
model), the license plate number, and the exact location of the
vehicle. The 911 dispatcher will typically forward this
information to police officers in the field so that they can
respond to this situation.
9. What is a
SR-22?
Basically, a SR-22 is a form that must be filed by
the insurance company to the respective state DMV stating that
vehicle liability insurance is in effect for a particular
person. The SR-22 is frequently required when insurance is
provided to a person who has been convicted of a traffic offense
and was unable to show financial responsibility, if a judge has
ordered an SR-22 for other reasons (such as a DUI), or if the
person was involved in a traffic accident.
10. What happens if I'm
supposed to appear in court for a DUI and I can't make
it?
In most DUI cases, your attorney can appear in
court for you. This is another reason why it makes sense to
hire a DUI lawyer if you are arrested for DUI. In fact, your
question about not showing up in court is a good question to ask
your attorney.
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