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"?
In every state, a person can 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%. Your blood
alcohol concentration can be determined through chemical testing from your blood, hair, saliva, urine, of from
your breath.
An individual can also 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 person unable to
safely operate the vehicle that he or she is driving. The bottom line 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?
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 an attorney. A DUI 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.
DUI charges require the employment of a specialized DUI criminal defense lawyer. Don't let
the State convict you of a DUI when you may in fact have a viable defense.
If you have been arrested for drunk driving and have a DUI charge filed against you, please
consider hiring a DUI criminal defense attorney who will do whatever it takes to get a favorable outcome for
you.
The defense of a driving under the influence charge is a highly technical and extremely
difficult undertaking. There are many advantages a DUI lawyer can bring to the case.
If you have been charged with DUI you need a lawyer 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. If I am stopped by a police officer and questioned, what should
I say to avoid a DUI arrest?
When you are stopped by a police officer, you are only required to identify who you are, and
provide the police officer with certain documents such as your driver's license, vehicle registration, and
proof of insurance. In a word, other than this information, you do not have to respond to any further
questions asked by the police.
There is no need to offer additional information because no matter how well intentioned, the
information you provide can be misinterpreted and can also be used as evidence against you by the
prosecution.
After identifying who you are and providing the police officer the documents discussed above,
you can certainly let the police officer know that you want any further conversation to go through your
lawyer. And finally, remember to be polite to the police officer. Exhibiting a "nasty" attitude
clearly will not help your circumstances.
4. The officer is asking me to perform 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 and in the vast
majority of cases, a polite refusal to take any field sobriety test is appropriate.
5. 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.
6. If my blood alcohol content was under .08%, will my DUI case be
dismissed automatically?
Even if your blood alcohol content was under the legal limit of .08%, your DUI may not be
dismissed automatically. Why? Because the prosecutor can try to prove that you were driving under the
influence based upon other evidence such as your personal appearance, your driving performance, your physical
mannerisms, and your field sobriety test results.
7. Can I represent myself in court 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.
8. Why was I stopped and/or contacted by the
police?
There are several diverse reasons why you could have been stopped by the police. Some
examples include the following: having tinted windows, weaving in and out of traffic, missing a front
license plate, driving erratically, speeding, involvement in a traffic accident, and expired registration
tags.
Additionally, an anonymous person may have reported you to the police after seeing you
leaving a sporting event, a restaurant, a party, or a bar "under the influence" and getting behind the
wheel of your vehicle. In a word, there are more than a few reasons why you were "stopped" by the
police.
9. Can I request an independent blood test when I am stopped for a
DUI?
You have a legal right to obtain third-party, outside evidence that can help prove your
innocence. If you believe that an "independent" blood test may help with your "driving under the
influence" case, you can go to an alcohol treatment facility or a hospital of your choice and ask them
for a sample of your blood so they can test your blood alcohol content (BAC).
Try to make sure that you get this accomplished as soon as feasible after your DUI arrest
and also make sure to write down the date and the time the BAC test was taken. It also can be pointed
out, moreover, that you will more likely than not be responsible for paying for this blood test.
10. If I am arrested for DUI, should I hire a lawyer?
If you want to contest the DUI charges you have received, clearly, you should consider
hiring a DUI attorney to represent your case. Moreover, if you are charged with a felony DUI, you
should certainly consider becoming represented by a DUI lawyer. DUI legal proceeding are very complex and
usually require a DUI lawyer so that you can obtain the best possible legal outcome.
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