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) is sometimes
called "drunk driving" or driving while intoxicated (DWI) and has
two meanings:
First, you may be arrested for DUI or DWI for
driving when your mental and/or physical abilities are adversely
affected by drugs, alcohol, or a mixture of alcohol and
drugs. Indeed, according to the law, it makes absolutely no
difference whether the drug is illegal or legal, over-the-counter
or prescription. If drinking alcohol and/or taking drugs
negatively affects your ability to judge distances, sight, hearing,
reaction time, or any other physical or mental ability used in
driving, you may be found guilty of a drunk driving offense.
Second, you can receive a "driving under the
influence" (DUI) arrest for driving with a blood alcohol level over
the state's maximum permissible blood alcohol limit. As of
May, 2007, the limit for adults is 0.08% in all 50 U.S.
states.
2. Why do I need a DUI
lawyer?
Even if you did drink and drive in an
unsafe manner, a DUI attorney may be able to help minimize your
legal problems and maximize the chances that you can move ahead
toward a more positive future after your DUI proceedings. A
DUI criminal defense lawyer can help to equalize the balance of
power between the prosecution and the defendant and can work to
maintain the constitutional rights that are guaranteed to all
criminal defendants.
If you have been charged with DUI, it is
advisable for you to get advice from a DUI attorney in your area as
soon as possible. By doing this, you will know what to expect
when you appear in court. Overall, criminal DUI cases tend to
move quite rapidly through the court system and unfamiliarity with
various deadlines and procedural requirements could negatively
affect your case. With this in mind, it would stand to reason
to hire a DUI lawyer for your DUI offense.
Being arrested for DUI can elicit
feelings of anxiety, anger, depression, fear, and
embarrassment. Keep in mind that people from all walks of
life have been arrested for DUI. And try to remember that the
more control you take over in your life now, including educating
yourself about current and relevant DUI laws, the greater peace of
mind you will probably experience once your DUI has been
resolved.
Due to the fact that you are in a
vulnerable situation, you need to consult with a DUI attorney you
can trust and one who will fight for your legal rights.
Any DUI defense includes challenging the "stop and
arrest" by the police officer. Another important area of a
DUI defense is getting the breath test results suppressed.
Even if the breath test is not suppressed, however, a DUI lawyer
may be able to discount the results altogether. Recent
challenges that have led to "suppression" include the
following:
3. If I am stopped
by a police officer and questioned, what should I say to avoid a
DUI arrest?
You are only required to identify yourself and give
the police officer various documents such as vehicle registration,
driver's license, and proof of insurance. In short, other
than this, you do not have to respond to any further questions.
There is no need to volunteer information because no matter how
well intentioned, this information can be misinterpreted and can be
used as evidence against you by the prosecution.
After identifying yourself and giving the police officer the
documents discussed above, make it known the police officer that
you wish any further discussion to go through your attorney.
And finally, remember to be polite. Displaying an "attitude"
certainly will not help your situation.
4. The officer is
asking me to take field sobriety tests for a suspected DUI.
What should I do?
You cannot be legally forced to take any field
sobriety tests when you are stopped by the police. The police
officer that gives the tests is the only "evaluator" of your
performance and is consequently often documenting only the things
that you fail or do incorrectly. As a consequence, in the vast
majority of cases, a polite refusal to take any field 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. I was arrested
for DUI. Why am I being charged with committing two
crimes?
In some states, besides getting charged with DUI,
"driving under the influence," a person may additionally be charged
with a "per se" offense for driving with a blood alcohol content
level that is greater than the legal limit. Note: the
"per se" legal limit is .08% in all 50 U.S. states. Each of
these acts is a violation of the law and each is a crime for which
an individual can be convicted.
7. When does a DUI
become a felony?
There are numerous ways that your DUI may be
charged as a felony DUI or an aggravated DUI:
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In most states, if you are arrested for DUI that
results in severe injury or death you may be charged with an
aggravated DUI or a felony DUI.
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Under certain state laws, if you have been
convicted of two DUIs within the past 7 years, another arrest means
that you will be charged with a felony DUI.
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In most states, if you are driving with a child
under the age of 15 in your vehicle and you are arrested for DUI
you will be charged with a felony DUI even if you have no prior DUI
convictions.
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In most states, if you are arrested for DUI while
driving on a suspended or revoked license you may be charged with a
felony (or an aggravated) DUI.
8. What are the
first steps typically undertaken in a DUI defense?
In most cases, the DUI attorney will initiate an
extensive interview of the individual who received the DUI before
accepting the case. The attorney will review all the written
documents related to the traffic ticket that was written concerning
the blood or breath test report, and the arrest.
The initial interview will routinely last around 60
to 90 minutes. Every factor and detail of the DUI case and
the applicable laws will be reviewed and discussed. The initial
interview is highly confidential and all information related to
this interview will be held in the strictest confidence.
If the attorney decides to accept the case, he or she will then
present the person who received the DUI with a detailed written
contract for his or her review. If the person who received
the DUI agrees to the terms of the contract, he or she will then
become the attorney's client and the latter will start the
representation process.
9. Why is it necessary
for me to hire a DUI lawyer about my DUI?
A DUI is a misdemeanor or a felony criminal offense
and not just an "ordinary" traffic ticket. If you are convicted of
a DUI, there are mandatory legal penalties and consequences that
can be substantially reduced or even dismissed when you are
represented by a DUI lawyer.
10. Who is most at risk
for a DUI arrest?
According to the alcohol abuse and alcoholism
research literature, young males between the ages of 18 and 20
reported driving while impaired more frequently than any other age
group.
In addition, male drivers involved in fatal motor
vehicle crashes are around twice as likely as female drivers to be
intoxicated with a blood alcohol content level (BAC) of .08 percent
or higher. Not only this, but in 2007, approximately 83% of
all of the alcohol-impaired drivers involved in fatal crashes were
males versus only 15% females.
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