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"?
The consequences of driving under the influence (DUI) can be far reaching, both from a legal
and an emotional vantage point. Considering the substantial number of injuries and fatalities that are
related to DUI throughout the United States, many state legislators have become incensed with this lack of
personal and social responsibility and, as a consequence, are imposing stringent penalties on offenders.
DUI is an acronym for "driving under the influence." A person is guilty of DUI if he or
she drives a motor vehicle while under the influence of alcohol or any drug, prescription or otherwise, to the
extent that his or her physiological responses and/or mental faculties are impaired or when his or her blood
alcohol concentration level (BAC) is above the legal limit for the state in which he or she is
driving.
At the time of this writing, the legal limit regarding blood alcohol concentration (BAC) in all
50 states in the United States is .08%.
2. Why do I need a DUI Attorney?
DUI charges require a specialized DUI criminal defense lawyer. Don't let the State convict you
of a DUI when you may indeed have a "doable" defense.
If you have been arrested for "driving under the influence" and have a DUI charge filed against
you, please consider hiring a criminal defense attorney who will do whatever it takes to get a favorable
outcome for you and for your legal rights.
Getting stopped by a police officer and being accused of drunk driving can
be an extremely stressful and scary experience.
Many "good" individuals with no criminal record experience these feeling every day because of
the fact that they have been arrested for DUI.
A DUI lawyer will help you understand what has happened to you and what lies ahead concerning
your DUI case.
If you have prior convictions for drunk driving, hiring a DUI lawyer is strongly suggested.
Why? Mainly because DUI attorneys know how to get prior convictions removed, thereby possibly reducing your
fines and penalties to a great extent should you be convicted.
Most DUI defenses include challenging the "stop and arrest" that was performed by the
police. Another significant area of DUI defense is getting the breath test results suppressed.
Even if the breath test is not suppressed, however, a DUI attorney may be able to dismiss
the results altogether. Recent legal challenges that have led to "suppression" include the following:
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A constitutional challenge to the new DUI statute itself.
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Software problems in the testing machine.
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Defective warnings prior to conducting the test.
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A lack of calibration and certification of the thermometer in the testing machine.
3. What is the best way to beat a drunk-driving charge?
The best way to avoid a DUI arrest is to refrain from drinking when you drive. Call a
family member or a friend for a ride, call a taxi, or use a designated driver or don't drink alcohol if you are
going to need to drive within a few hours.
4. Can I be charged with DUI even if I'm on private
property?
Yes, you can be charged with DUI whether you are on private property, on a street, or driving
on the highway. All that is required is for you to be in actual physical control of a motor vehicle while
impaired by alcohol or drugs or both.
5. If my blood alcohol content was under .08%, won't my DUI case
be dismissed automatically?
Not necessarily. The prosecutor can try to prove that you were driving under the influence
based upon other evidence such as your field sobriety test scores, physical mannerisms, your driving
performance, and personal appearance.
6. If my license was suspended/revoked in one state can I get a
driver's license in another state?
Regrettably, if your driver's license was suspended or revoked in one state, in most
circumstances, you will be unable to get a driver's license in another state.
The reason for this is that the District of Columbia and at least 45 states adhere to the
"Driver's License Compact Act." According to this act, when a person receives an out-of-state DUI
conviction, this information will be reported to your home state that will, in turn, typically suspend your
driver's license.
What is more, if you receive a DUI conviction in one state and move to another state that
participates in the "Driver's License Compact Act," if it highly unlikely that you be able to get a
driver's license in this second state.
7. Can people be guilty of DUI if they drive under the influence of
prescription medications?
Unfortunately, an individual can be guilty of DUI even if he or she is under the influence
of prescription medications. Regardless of whether the individual has a prescription or not, the DUI
statute clearly prohibits anyone from driving while impaired.
8. If I am arrested for a DUI, can I avoid jail time?
In some states, if you have a blood alcohol concentration of .15 or higher, mandatory jail
time is involved. This also means that if this is your first DUI, your blood alcohol content was fairly low
(let's say right at .08%), and there were no other extenuating circumstances (for instance, you didn't have
a child under the age of 15 years old in your vehicle at the time of your DUI arrest and/or no traffic
fatality resulted from your DUI) in many states you will be able to avoid jail time.
Furthermore, DUI lawyers are frequently able to keep the punishment at the absolute lowest
level allowed by the law.
9. I just received a DUI. Is there a way to challenge
the results of the alcohol breath test?
A DUI lawyer knows how to identify and focus on any potential problems with the various
tests, providing you with the best chance to fight the charge.
10. Who is most at risk for a DUI arrest?
According to the research findings, young men between the ages of 18 and 20 reported
driving while impaired more often than any other age group.
What is more, male drivers involved in fatal motor vehicle crashes are roughly twice as
likely as female drivers to be intoxicated with a blood alcohol concentration of .08 percent or
greater.
And finally, in 2007, roughly 83% of all alcohol-impaired drivers involved in fatal crashes
were males as opposed to only 15% regarding females.
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