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 commonly called "drunk driving" and refers to operating a motor vehicle while one's blood alcohol content (BAC) is above the legal limit set by statute, which presumably is the level at which an individual cannot drive safely. Since May, 2007, all the state statutes regarding DUI are "consistent" and have set this limit at .08% for adults who are at least 21 years old.

A person can be also be charged with DUI if he or she operates a motor vehicle while under the influence of any amount of alcohol or drugs, or a combination of both, which makes the person unable to safely operate the vehicle that he or she is driving. Translation: an adult can actually receive a DUI with a blood alcohol concentration that is less than .08%.

   2.   Why do I need a DUI attorney?

If you have been charged with "driving under the influence," it is sensible for you to get advice from a DUI lawyer in your area as soon as you can. By doing this, you will clearly know what to expect when you appear in court. By and large, criminal DUI cases tend to move fairly quickly through the court system and unfamiliarity with the deadlines and procedural requirements could adversely affect your case.

With this information in mind, it makes a lot of sense to hire a DUI attorney for your DUI arrest. Once a DUI attorney is hired, he or she will immediately begin going through every detail of your case to find out whether there are any procedures that were not properly followed.

Stated more precisely, your DUI lawyer will be looking to see if the arresting officer did everything in the proper manner and whether or not there was a "lawful stop."

Every state now has more severe DUI penalties and fines in place to help prevent individuals from drinking and driving. Illustrations of these fines and penalties include the following:

• A suspended driver's license.
• Community service.
• Jail time.
• Mandatory alcohol education classes (at your expense).
• The installation of an ignition interlock device.
• Substantial fines and court fees (sometimes in excess of $5,000).
• Probation.
• Vehicle impoundment.

Even for a first DUI arrest and conviction, you could experience insurance coverage problems, lose your driver's license, experience possible restrictions on your interstate and international travel, and lose your job. The truly good news, on the other hand, is that you can quite possibly avoid most or perhaps all of these penalties and fines by seeking counsel with a DUI lawyer.

   3.   If my license was suspended/revoked in one state can I get a driver's license in another state?

Unfortunately, if your driver's license was revoked or suspended in one state, due to the "Driver's License Compact Act" that exists in the District of Columbia and at least 45 states, in most instances, you will probably not be able to get a driver's license in another state. 

Stated another way, when a state is part of "Driver's License Compact Act," an out-of-state DUI conviction will be reported to your home state that will, in turn, usually suspend your driver's license. Not only this, but if you receive a DUI conviction in one state and decide to move to another state that participates in the "Driver's License Compact Act," you will probably be unable to get a driver's license in this state.

   4.   What should I wear to DUI court?

When you go to court for your DUI arrest, dress appropriately. That is, don't under dress or overdress. In fact, "business casual" is probably the best course of action when you go to DUI court.

   5.   Will the court hold it against me if I hire a lawyer to represent me on my DUI and plead not guilty?

Absolutely not. In fact, according to the constitution, you have a right to challenge the evidence against you. What is more, most judges are far more comfortable dealing with clients who are represented by a lawyer due to the potential conflicts that can arise when people try to represent themselves in a DUI case.

   6.   What is work release regarding a DUI conviction?

A "work release" is a partial confinement program allowing people who have received certain convictions such as a DUI conviction to continue working. While serving a work release sentence, the person is permitted to go to work during the day, but must return to the corrections facility at night.

   7.   Can people be guilty of DUI if they are driving under the influence of prescription medications?

Yes. The DUI statute prohibits anyone from driving while impaired, regardless of whether the individual has a prescription medication or not.

   8.   I just received a DUI.  Is there a way to challenge the results of the alcohol breath test?

Yes. 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.

   9.   What happens to my driver's license if I am an out of state driver and I receive a DUI?

Keep in mind that the District of Columbia and at least 45 states participate in the "Driver's License Compact Act." This means that a DUI conviction in another state will be reported to your home state that, in turn, will typically take action to suspend your driver's license based on the conviction that was determined by the out-of-state court.

As a result, even if you have an out-of-state driver's license, it makes a lot of sense from a legal perspective for you to contact a local DUI lawyer in your state to represent you if you are arrested for DUI.

   10. I consumed only 4 or 5 beers and was not "drunk." Can I still be convicted of DUI?

An individual can be convicted of DUI if his or her driving was negatively affected in any appreciable manner by the drinking of alcohol. Drinking 4 to 5 beers over a period of one to two hours could actually result in a blood alcohol content level between .06% and .09%, "depending" on the person's metabolism rate, how quickly the person drank the beer, how much alcohol was in the beer (some beer contains more alcohol content than others), the person's body weight, and if the person was drinking on a "full" or an "empty" stomach.

In sum, drinking 4 or 5 beers may be sufficient to violate either the "per se standard" (.08% in all 50 U.S. states) or the "under the influence" standard.

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