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"?
DUI is an acronym for "driving under the
influence." A person is guilty of DUI if he or she drives a
motor vehicle while under the influence of alcohol or any drug,
prescription or otherwise, to the extent that his or her mental
faculties and/or physiological responses are impaired or when his
or her blood alcohol concentration level (BAC) is above the legal
limit for the state in which he or she is driving. At the
time of this writing, the legal limit regarding blood alcohol
concentration in all 50 states in the United States is .08%.
The consequences of driving under the influence
(DUI) can be extensive, both from a legal and an emotional
perspective. Considering the substantial number of injuries
and deaths that are related to DUI throughout the United States,
many state law makers have become infuriated with this lack of
personal and social accountability and, as a result, are imposing
more stringent penalties on offenders.
2. Why do I need a
DUI lawyer?
Having a DUI defense attorney can make the entire
DUI experience far less stressful. In addition, 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.
Being arrested for DUI can elicit feelings of
depression, anger, embarrassment, and fear. People from all
walks of life have been arrested for DUI. Keep in mind that
the more control you take over in your life now, including
educating yourself about current DUI laws, the greater peace of
mind you will probably experience. Due to the fact that you
are in a vulnerable situation, you need to consult with an attorney
you can trust.
DUI lawyers work within this specialized area of
the law. They have access to legal techniques, research data, and
information of which other lawyers may not be aware. DUI
attorneys understand the system and offer you a better chance to
retain your freedom than you would have by representing yourself OR
by hiring an attorney who is not trained about DUI law.
If you have been charged with DUI you need an
attorney who will aggressively represent your legal rights through
the complexities involved in a DUI case. DUI lawyers are able
to assist you every step of the way through the criminal process
and help you find the answers you need.
3. What should I do if
I am stopped by a police officer and he asks me if I've been
drinking?
Even though most DUI attorneys recommend that you
act politely, provide your name, and give various documents like
your proof of insurance, vehicle registration, and driver's license
to the police officer, you should know that you are not legally
mandated to answer any other questions. Indeed, you have the
right to contact an attorney before you answer any questions other
than giving your name and providing the documents discussed above
and you have the right to remain silent. Also remember, on
the other hand, that if you do make up your mind to answer other
questions, your answers can be used by your DUI attorney AND by the
prosecution.
4. Can I represent
myself in court for regarding my DUI? What can a DUI lawyer do
for me?
Even though it is typically not a good idea, in
truth, yes, you can represent yourself regarding your DUI
case. "Driving under the influence" and "drunk driving" are
extremely complicated charges that entail serious penalties and
outcomes. There's a host of complicated sentencing, license,
procedural, constitutional, administrative, and evidentiary issues
that are best addressed and handled by hiring a DUI
lawyer.
5. 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.
6. What if I lose
my license from a DUI but continue to drive?
If an individual whose license has been suspended
or revoked due to "driving under the influence" chooses to drive
without a valid driver's license and is pulled over by the police,
he or she stands to suffer more severe consequences, including
extension of the license suspension or revocation, forfeiture of
his or her vehicle, and possible fines and imprisonment.
Clearly, it makes much more sense to rely on family, friends, and
public transportation for your rides while your license is revoked
or suspended.
7. What happens
when a citizen calls 911 to report a suspected drunk
driver?
The 911 dispatcher, in most states, will ask the
caller for the vehicle license plate number, a description of the
vehicle (such as the make, model, and color), and the exact
location of the vehicle. The 911 dispatcher will usually
forward this information to police officers who are in the field so
that they can "follow-through" with this
information.
8. What is a
SR-22?
Essentially, a SR-22 is a form that must be filed
by the insurance company to the corresponding state department of
motor vehicles stating that vehicle liability insurance is in
effect for a specific person. The SR-22 is often required
when the person was involved in a traffic accident, the judge has
ordered an SR-22 for other reasons (such as a DUI), or when
insurance has been issued to an individual who has been convicted
of a traffic offense and was unable to prove his or her financial
responsibility.
9. What happens if I'm
supposed to appear in court for a DUI and I can't make
it?
In the vast majority of DUI cases, your lawyer can
appear in court for you. This is another reason why it is
logical for you to hire a DUI attorney if you are arrested for
DUI. Indeed, your question about you having to appear in
court is an excellent question for your lawyer.
10. Can a DUI lawyer
guarantee that the outcome of my DUI case will turn out to my
benefit?
No DUI attorney can guarantee that the DUI
proceedings will be resolved entirely or guarantee the outcome of a
DUI case.
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