DUI Frequently Asked Questions

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Since "driving under the influence" (DUI) is the most frequently committed crime in the United States, it stands to reason that many people have a lot of questions about this topic.  As a result of the prevalence of DUI incidents as well as the harsh consequences that are associated with driving under the influence circumstances, we are providing some of the most frequently asked questions about driving under the influence.

   1.   What is "DUI"?

DUI is known as "driving under the influence" and "drunk driving" and 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 a person cannot drive safely.  It may be pointed out 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 emphasize the fact that a person 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 mixture of drugs and alcohol, which makes the person unable to safely operate the vehicle that he or she is driving.  What this primarily means is that an adult can in practice, receive a DUI with a blood alcohol content level that is less than .08%.

   2.   Why do I need a DUI attorney?

Once a DUI attorney is hired to "fight" for you, he or she will immediately begin going through every detail of your case to see if there's any procedure that was not properly followed.  To be more specific, your DUI lawyer will be looking to see if the officer did everything in the proper manner and whether or not there was a "lawful stop."

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.

DUI has become a very complicated area of the law.  In fact, many criminal defense attorneys will admit that given the many talents needed to be mastered by a DUI defense attorney, this area of specialization can be one of the most difficult areas of criminal law in which the lawyer can engage.

A DUI defense usually includes challenging the "stop and arrest."  Another critical area of DUI defense is getting the breath test results suppressed.  Even if the breath test is not suppressed, furthermore, DUI attorneys will be able to discount the results altogether.  Recent challenges that have led to "suppression" include the following:

• Defective warnings prior to conducting the test.
• A lack of calibration and certification of a thermometer in the testing machine.
• Software problems in the testing machine.
• A constitutional challenge to the new DUI statute itself. 

   3.   Will I be able to get my DUI case dismissed because I was not read my rights?

In most instances, even when you were not read your rights, your DUI case will not be dismissed.  Based on a review of the details and the facts pertaining to your case, on the other hand, it is possible to challenge the admissibility of the police officer's statements depending upon when they were given relative to your stop and/or your arrest.

   4.   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.

   5.   Can I request an independent blood test when I am stopped for a DUI?

You have a legal right to obtain third-party, outside evidence that can help prove your innocence.  If you believe that an "independent" blood test may help with your "driving under the influence" case, you can go to an alcohol treatment facility or a hospital of your choice and ask them for a sample of your blood so they can test your blood alcohol content (BAC).

Try to make sure that you get this accomplished as soon as feasible after your DUI arrest and also make sure to write down the date and the time the BAC test was taken.  It also can be pointed out, moreover, that you will more likely than not be responsible for paying for this blood test.

   6.   What if I lose my license from a DUI but continue to drive?

If a person whose license has been revoked or suspended due to "driving under the influence" (DUI) chooses to drive without a valid driver's license and is stopped by the police, he or she stands to suffer more severe outcomes, including possible fines and imprisonment, forfeiture of his or her vehicle, and an extension of the license revocation or suspension.  Without question it is much more logical to rely on public transportation, friends, or family member for your rides while your license is suspended or revoked.

   7.   Do I have to give my name if I call to report a suspected drunk driver?

Just to be on the "safe" side, we believe that in "most states," when you make a place call to report a suspected drunk driver, you can remain anonymous.  We think that to make sure of this, however, you are well advised to call your local police department about this and also ask if you can anonymously call the state highway patrol to report a suspected drunk driver.

   8.   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.

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

Every person who receives a DUI conviction in a district or a municipal court has the legal right to appeal this lower court's conviction to the county circuit court.  Be alerted to the fact, however, that in many states there is a closely adhered to 14-day time frame in which the appeal must be filed.  If the appeal is not correctly filed within the 14-day time frame, the appeal will be considered "waived," a circumstance that isn't open to re-filing at a later date.

   10. How can I verify my lawyer's credentials?

A person can review the "practice areas" of attorneys in the "Martindale-Hubbell" listing of attorneys in the United States.  This document is typically available in public libraries and in county law libraries.  Remember, moreover, that several attorneys only reveal the college and law school they attended and the date of admission to the state bar.  All things considered, possibly the best place to validate the credentials of a DUI attorney is by going to the following website:  www.martindale.com for additional information.

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