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 "DUI"?

Driving under the influence (DUI), also called "drunk driving," refers to operating a motor vehicle while one's blood alcohol concentration (BAC) is above the legal limit set by statute, which by all accounts is the level at which an individual cannot drive safely.  It may be noted that since May, 2007, all the state statutes are "the same" and have set this limit at .08% for adults who are 21 years old or older.

It is important to point out that an individual can also be charged with "driving under the influence" if he or she drives a motor vehicle while under the influence of any amount of alcohol or drugs, or a combination of the two, which makes the individual unable to safely operate the vehicle that he or she is driving.  What this basically means is that an adult can actually receive a DUI arrest with a blood alcohol concentration (BAC) that is less than .08%.

   2.   Why do I need a DUI attorney?

Remember that what matters is not so much whether you are innocent or guilty, but whether the prosecution has enough evidence to prove its case against you. Along with this line of reasoning, please keep in mind that you are innocent until proven guilty beyond a reasonable doubt.  And by hiring a DUI attorney, you are increasing the chances that you will experience the best possible results for your situation.

A DUI lawyer will try to see if there's a way to get your case dismissed, and if this possibility does not exist your lawyer will be looking at what viable defenses there are to winning your case.

DUI lawyers are trained in a specialized area of the law.  DUI attorneys have access to information, research data, and legal techniques of which other lawyers may be unaware.  DUI attorneys understand "the system" and offer you a better chance of retaining your freedom than you would have by representing yourself OR by hiring a lawyer who is not trained in DUI law.

Having a DUI defense lawyer can make the entire DUI experience feel much less stressful.  Not only this, but a DUI attorney can prepare you for the legal proceedings each and every step of the way, answer your questions, and ensure that if there is a way to help you within the law, he or she will find this way.

Even if you did drink and drive in an unsafe manner, a "driving under the influence" attorney may be able to help minimize your legal problems and maximize your opportunities to move ahead toward a more positive future.  A DUI criminal defense lawyer helps to equalize the balance of power between the prosecution and the defendant and works to maintain the constitutional rights that are guaranteed to all criminal defendants.

If you have been charged with "driving under the influence" (DUI), you would be wise to get consultation from a DUI lawyer in your area as soon as possible.  By doing this, you will undoubtedly know what to expect when you appear in court.  For the most part, criminal DUI cases tend to move relatively quickly through the court system, and unfamiliarity with the procedural requirements and the different deadlines could adversely affect your case.  Equipped with this information, it seems reasonable for you to hire a DUI attorney for your DUI arrest.

Once a DUI lawyer is hired to "fight "for your legal rights, he or she will immediately begin going through every detail of your case to find out if there was any procedure that was improperly followed.  Stated another way, your DUI lawyer will be looking to see if the police officer did everything in the proper manner and whether or not there was a "lawful stop."

Having a DUI defense attorney can make the entire DUI experience far less stressful.  A DUI 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.

   3.   If I am stopped by a police officer and questioned, what should I say to avoid a DUI arrest?

When you are stopped by a police officer for a DUI, you are only required to identify who you are, and provide the police officer with certain documents such as driver's license, vehicle registration, and proof of insurance.  In a word, other than this information, you do not have to respond to any further questions asked by the police.

There is no need to offer additional information because no matter how well intentioned, the information you provide can be misinterpreted and can also be used as evidence against you by the prosecution.  After identifying who you are and providing the police officer the documents discussed above, you can certainly let the police officer know that you want any further conversation to go through your lawyer.  And finally, remember to be polite to the police officer.  Exhibiting a "nasty" attitude clearly will not help your circumstances.

   4.   If I am stopped for a DUI, should I undergo field sobriety testing?

You are not legally required to take any field sobriety tests.  The police officer administering the tests is the only "judge" of your performance and is therefore usually documenting only the things you do incorrectly. As a result and in most instances, a polite refusal to perform any sobriety test is appropriate.

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

   6.   Can I represent myself in court 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 lot of complicated evidentiary, administrative, constitutional, procedural, license, and sentencing issues that are best addressed and dealt with by hiring a DUI attorney.

   7.   Regarding a DUI arrest, how much time do I have to contact an attorney?

If you were unable to contact a lawyer while you were incarcerated, you should contact a DUI attorney as soon as you can after you are released from jail.  Due to the fact that there are some legal procedures that happen relatively quickly after your release from jail, it is important to contact an attorney as soon as possible.

   8.   If my blood alcohol concentration is less than .08, can I still lose my driver's license?

It's certainly possible for a person to lose his or her driver's license with a blood alcohol concentration under .08%, but a person usually loses his or her license as a consequence of a previous DUI conviction or for a related offense.  Generally speaking, in order for an individual's driver's license to be automatically suspended, his or her blood alcohol content must be .08% or greater while driving.

   9.   I was arrested for DUI.  I consumed only 4 or 5 beers and was not "drunk." Can I still be convicted of DUI?

A person can be convicted of DUI if his or her driving was adversely affected in any noticeable manner by the consumption of alcohol.  Drinking 4 to 5 beers within a one or two hour time frame can, quite frankly, result in a blood alcohol concentration from .06% to .09%, "depending" on the individual's body weight, how much alcohol was in the beer (some beer contains more alcohol content than others), how quickly the person drank the beer, the person's metabolism rate, and if the individual was drinking on a "full" or on an "empty" stomach.

In conclusion, drinking 4 or 5 beers may be sufficient to violate either the "under the influence" standard or the "per se standard" (.08% in all 50 U.S. states).

   10. Can I appeal my DUI to a circuit court?

Every individual who is convicted of a DUI in a municipal or district court has the right to appeal this lower court's conviction to the county circuit court.  Be aware, however, that in many states there is a strict 14-day time period in which the appeal needs to be filed.  If the appeal is not correctly filed within the 14-day period of time, the appeal will be seen as "waived," a condition that is not open to re-filing at a later date.

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