DUI Frequently Asked
Questions
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Due to the fact that "driving under the
influence" (DUI) is the most commonly committed crime in the United
States, it is logical to conclude that many individuals have a lot
of questions about this subject matter. As a consequence of
the high occurrence of DUI incidents as well as the severe
ramifications that are linked to DUI injuries, accidents, and
fatalities, we are providing some of the most frequently asked
questions about driving under the influence.
1. What is
"DUI"?
In all 50 states, an adult who is at least 21 years
old can be charged with DUI if he or she operates a motor vehicle
with a blood alcohol content level that exceeds the statutory
limit, which in each and every state is .08%. An individual's
blood alcohol content level can be determined through chemical
testing from his or her saliva, urine, breath, hair, or from his or
her blood.
It is important to highlight the fact that a person
can also be charged with DUI if he or she operates a motor vehicle
while under the influence of any amount of alcohol or drugs (legal
or otherwise), or a combination of the two, which makes the
individual unable to safely operate the vehicle that he or she is
driving. The essential point here is that an adult can
receive a DUI with a blood alcohol concentration (BAC) that is less
than .08%.
2. Why do I need a
DUI attorney?
The first and foremost goal of most DUI lawyers is
the dismissal of your DUI offense. If that is not possible,
then the DUI attorney must try for a reduction of the charges,
fines, and/or penalties. One of the "jobs" of a DUI attorney
is to try and convince the judge what a reputable person you are,
what a noteworthy life you have lived, and to bring to bear all of
your positive achievements and accomplishments
Having a DUI attorney to plead your case and who
knows the DUI laws can greatly increase the possibility that you
will receive a reduced sentence and stay out of jail.
Currently, because of pressures of initiated by numerous entities
that are incensed with the personal and social unaccountability of
individuals who continue to drink while under the influence of
alcohol or drugs or both, judges, via stricter penalties and more
stringent fines, are sending an obvious message that such acts of
irresponsibility will not be tolerated.
Once a DUI lawyer is hired to "fight" for your
legal rights, he or she will promptly begin going over every facet
of your DUI case to see if there's any procedures that were not
properly followed. For instance, your DUI attorney will be
looking to see if the arresting officer did everything in the
proper manner and if there was a "lawful stop."
A DUI attorney will be able to evaluate your DUI
case and establish whether there are constitutional violations or
other defenses that potentially weaken the prosecution's case
against you. Armed with this information, your DUI lawyer can
negotiate with the prosecution for a reduced charge and in some
circumstances, perhaps get a complete dismissal of the charges.
In sum, without the representation of a DUI lawyer,
you significantly reduce your chances of getting the best possible
legal outcome.
3. What is a field
sobriety test?
Field sobriety tests are tests police officers use
in the field (at the scene) to establish various levels of
impairment. In the majority of instances, police officers
will not ask you to perform any field sobriety tests unless they
either suspect DUI for another reason or smell alcohol or
drugs.
These tests frequently include the "pen to eye"
test, checking a person's pupil dilation, the "walk and turn" test,
and a portable breath test. If you submit to any of these
tests, there is a good chance that the police officers will report
some sort of "failure."
During a suspected DUI arrest, most police officers
also notice a person's physical appearance and make a note if the
person's speech is slurred. There is no need to add to the
evidence against you by taking unnecessary tests and/or talking too
much during a DUI arrest. Because you are not required by law
to submit to field sobriety tests, it is usually in your best
interest to politely refuse to take these tests.
4. What is the
main goal of sobriety checkpoints?
Although sobriety checkpoints do indeed get rid of
some drivers who drink from the highway, the primary goal of
sobriety checkpoints is to substantially reduce driving after
drinking by increasing the drivers' perceived risk of
arrest.
5. 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.
6. Do I have to
give my name if I call 911 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.
7. 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.
8. 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.
9. Is it advisable
to discuss my DUI arrest with co-workers, friends, or family
members?
It is almost always best if you refrain from
discussing your DUI arrest with anyone other than your attorney due
to the fact that friends, co-workers, and family members may be
called as witnesses by the prosecution. In a word, so that
you can protect your reputation and receive the best possible
outcome in your legal proceedings, only talk about your DUI arrest
with your attorney because in a court case such as a DUI arrest,
your lawyer cannot be called as a witness by the
prosecution.
10. Can a DUI lawyer
guarantee that the outcome of my DUI case will turn out to my
benefit?
No DUI lawyer
can guarantee the results of a DUI case or that the DUI proceedings
will be resolved entirely.
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