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 a motor vehicle while under the influence
of intoxicating alcohol or drugs or both is referred to as DUI.
An individual can be charged with DUI if he or she operates a
motor vehicle while under the influence of any amount of drugs or
alcohol, or a combination of the two, which makes the individual
unable to safely operate the vehicle that he or she is driving.
An individual can also be charged with DUI if he or
she operates a motor vehicle with a blood alcohol concentration in
excess of the statutory limit, which in all 50 states is
.08%. An individual's blood alcohol content level can be
determined through alcohol testing from your saliva, urine, breath,
hair, or from your blood.
2. Why do I need a DUI
lawyer?
During the course of a DUI investigation if there
are irregularities or evidence that could cause the DUI charge to
be thrown out of court, it is highly improbable that the court
system, the police, or the prosecution will be greatly "motivated"
to inform you of these irregularities.
Indeed, in many cases, you may never realize that
an "irregularity" ever happened. A DUI attorney, it can be
noted, may be able to find such "irregularities" and bring this
evidence to the attention of the prosecution and the court.
And at times and based on this "evidence," your DUI lawyer may be
able to get your charges considerably reduced or dismissed.
Having a DUI defense lawyer can make the entire DUI
experience far less stressful. A reputable 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.
DUI lawyers are trained in a specialized area of
the law known as DUI criminal law. DUI attorneys have access
to research data, information, and legal techniques that other
lawyers in different areas of specialization may be unaware.
DUI attorneys understand "the system" and provide you with a better
chance to retain your freedom than you would have by representing
yourself OR by hiring an attorney who is not knowledgeable about
DUI law.
3. What should I do if
my vehicle is stopped by a police officer and he asks if I've been
drinking?
While most DUI lawyers recommend that you act
politely, give your name, and provide various documents like your
driver's license, vehicle registration, and proof of insurance to
the police officer, you need to know that you are not legally
required to answer any other questions. In fact, you have the
right to remain silent and you have the right to contact an
attorney before you answer any questions other than giving your
name and providing the documents discussed above. Keep in
mind, however, that if you do decide to answer other questions,
your answers can be used by the prosecution, as well as by your DUI
attorney.
4. What is a field
sobriety test?
Field sobriety tests involve various testing
procedures that police officers use at the scene (in the field) to
ascertain different levels of impairment. In most
circumstances, police officers will not ask you to undergo any
field sobriety tests unless they either suspect DUI for another
reason or smell drugs or alcohol near the vehicle or on the
person.
Field sobriety tests often include the following
tests: a portable breath test, "walk and turn" test, checking
a person's pupil dilation, and the "pen to eye" test. If you
take any of these tests, it is highly probable that the police
officer will report some sort of "failure." During a
suspected DUI incident most police officers will document a
person's slurred speech and will also take note of his or her
appearance.
Why take unnecessary tests and/or talk too much
when arrested for DUI? In a word, there is simply no need to
add to the evidence against you by offering additional information
or by taking a series of field sobriety tests. Due to the
fact that you are not legally required to take any field sobriety
tests, it is almost always in your best interests to politely
refuse to take these tests.
5. Is there anyway to
avoid a DUI?
It probably sounds unrealistic, superficial, and
too "easy," but if you truly want to steer clear of getting
arrested for a DUI, then don't drink and drive. Call a friend
or family member, designate a driver, call a taxi for a ride, or
walk, but no matter what, do not drink and drive.
6. Does a person
with a DUI have the right to challenge his or her license
suspension?
Yes, a person has the legal right to challenge his
or her license suspension due to a DUI or another traffic
violation. In fact, a person can request a hearing concerning
the suspension of his or her license by taking his or her notice of
revocation to his or her local DMV. If the person requests a
hearing, he or she will be given a temporary driving permit that
will allow him or her to drive until the hearing
date.
7. What is the
difference between a license revocation and a license
suspension?
Essentially, if a person's driver's license has
been revoked, he or she is normally ineligible for driving
privileges for work, school or any other driving situations.
A suspension, to the contrary, frequently results when a driver has
received too many points. In this case, the individual is
usually eligible for limited driving privileges for work, medical
reasons, and for school.
8. I received a DUI
conviction. How long can my license be
suspended?
Concerning a DUI, a person's license can be
suspended from 90 days up to 4 or more years. The different
suspension times depend on whether or not the person refused to
submit to a chemical or alcohol test, if a child was in the vehicle
at the time of the driver's DUI arrest, whether or not a traffic
fatality resulted from the driver's DUI, the blood alcohol level of
the driver, and the driver's prior offenses.
9. How can an
"average citizen" or the general public report a suspected drunk
driver?
When you want to report a suspected drunk driver,
use extreme safety and call 911 from your cell phone. If
after calling 911 you continue to receive a busy signal, please
call your local police department or your local sheriff to report a
driver that you suspect may be drunk.
10. Do I have to give my
name if I call 911 to report a suspected drunk driver?
Just to be "safe," we will say that in "most
states," when you place a call to report a suspected drunk driver,
you can remain anonymous. We encourage you, however, to call
your local police department about this and when you call, please
ask if this "anonymous status" also applies to calls you may make
to the state highway patrol about a suspected drunk
driver.
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