DUI Frequently Asked Questions

_____________________________________________________________________________

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 can get arrested for "driving under the influence" (DUI) when you drive a vehicle with a blood alcohol level over the state's maximum permissible blood alcohol limit.  It is important to emphasize the fact that as of May, 2007, the limit for adults is 0.08% in all 50 U.S. states.

Second, you may receive a DUI or DWI for driving when your physical and/or mental abilities are adversely affected by drugs, alcohol, or a mixture of alcohol and drugs.  In point of fact, according to the law, it makes no difference at all if the drugs are legal or illegal, over-the-counter or prescription.  If drinking alcohol and/or taking drugs negatively affects your hearing, sight, reaction time, ability to judge distances, or any other physical or mental capabilities used in driving, you may be found guilty of a drunk driving offense.

   2.   Why do I need a DUI attorney?

Having a DUI attorney to plead your case and who is conversant with the DUI laws can greatly increase the likelihood that you will stay out of jail and receive a reduced sentence.  Currently, due to the pressures of a great number of entities that are outraged with the social and personal irresponsibility of individuals who continue to drink while under the influence of alcohol or drugs or both, judges, through the vehicle of stricter fines and penalties, are sending a clear message that such acts of irresponsibility will not be tolerated.

A DUI attorney will be able to evaluate your case and determine if there are constitutional violations or other defenses that potentially weaken the prosecution's case.  Armed with this information, the DUI attorney can negotiate with the prosecution for a reduced charge and in some circumstances, even a complete dismissal of the charge.  In sum, without the representation of a "drunk driving" attorney, you considerably reduce your chances of getting the best possible legal results.

Getting stopped by a police officer and being accused of drinking and driving can be a frightening experience.  Many "good" citizens with no criminal record experience these feelings every day due to the fact that they have received a DUI.  A DUI lawyer will help you understand what has happened to you and what lies ahead.
A drunk driving charge usually requires a DUI attorney.  Stated differently, a DUI arrest typically requires a lawyer who is familiar with the constitutional issues, methods of analysis, and rules of evidence that will be faced in a drunk driving trial.

   3.   Can I be charged with DUI even if I'm on private property?

Yes, you can be charged with "driving under the influence" (DUI) whether you are driving on the highway, on a street, or on private property.  All that is "needed" is for you to be in actual physical control of a motor vehicle while impaired by drugs, alcohol, or a combination of both.

   4.   What should I do if the police ask me to take a field sobriety test?

There is a wide range of field sobriety tests including the "fingers-to-thumb" test, the "modified position of attention" test, the "horizontal gaze" (Nystagmus) test, the "alphabet recitation" test, the "one-leg stand" test, the "finger-to-nose" test, or the "heel-to-toe" test.  Most police officers will resort to a "set" of three to five different field sobriety tests.

Unlike chemical tests such as a breathalyzer test, a blood alcohol test, or a saliva test, where refusal to take such a test can have far-reaching and negative consequences, a person is not legally required to take any field sobriety tests.  The reality of the situation is that police officers have usually made up their minds to arrest the person when they administer one of more of the field sobriety tests.  In short, field sobriety tests provide additional evidence that the driver inevitably "fails." Consequently and in most instances, a polite refusal to take any field sobriety test may be appropriate.

   5.   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.

   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 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.

   8.   What is a SR-22?

Basically, a SR-22 is a form that must be filed by the insurance company to the respective state department of motor vehicles (DMV) stating that vehicle liability insurance is in effect for a particular person.  The SR-22 is frequently required when insurance is provided to a person who has been convicted of a traffic offense and was unable to show financial responsibility, if a judge has ordered an SR-22 for other reasons (such as a DUI), or if the person was involved in a traffic accident.

   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 case, your lawyer cannot be called as a witness by the prosecution.

   10. If I was drinking and driving, I'm guilty of DUI, right?

Not necessarily.  It is not illegal to drink and drive.  It is, on the other hand, illegal to drive while impaired by alcohol, drugs, or a combination of both, or if you are an adult and your blood alcohol concentration is greater than 0.08%.  Having said this, however, the prosecution must prove these facts (that is, that you were impaired while driving and/or that you are an adult and that your blood alcohol content was greater than .08%) beyond a reasonable doubt.

Please Add Our Website To Your Favorite Bookmarks!

_______________________________________