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"?
DUI is an acronym for "driving under the influence" of alcohol, any chemical, or any substance
that adversely affects a person's ability to drive a vehicle. For individuals who are 21 and older, it is
illegal to drive with a breath or blood alcohol concentration (BAC) of .08 or higher and for individuals who
are minors (that is, individuals under the age of 21), it is illegal to drive with a blood alcohol content
(BAC) of .02 of higher. Driving while impaired from drugs or alcohol or both is illegal in all 50
states.
There's something in this definition that needs to be emphasized. A person can 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 mixture of the two, that makes the individual unable to safely operate the vehicle that he or she
is driving.
Regarding alcohol ingestion, this essentially means that an adult can, in "real life," get a
DUI with a blood alcohol concentration that is substantially less than .08%.
2. Why do I need a DUI attorney?
If you have received a ticket for "driving under the influence" or for "drunk driving" it is
probably a good idea for you to get advice from a DUI lawyer in your local area as soon as possible. By
accomplishing this, you will know exactly what to expect when you appear in court.
Overall, criminal DUI cases move relatively quickly through the court
system and unfamiliarity with the procedural requirements and/or the different deadlines could negatively
affect your case. Having said this, it seems quite commonsensical for you to hire a DUI lawyer for your
DUI legal proceedings.
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.
Even if you received a ticket for DUI and did in fact drink and drive in an unsafe manner, a
DUI attorney may be able to help minimize your legal difficulties and maximize the opportunities for you to
move in a more productive and positive direction after your DUI case.
One of the ways that a DUI criminal defense lawyer can do this is by equalizing the balance of
power that exists between the prosecution and the defendant and working toward preserving the constitutional
rights that are guaranteed to all criminal defendants.
3. When I got a DUI the officer took my license but I still need
to drive to work. What can I do?
If a person's driver's license was taken away by the arresting officer during a DUI arrest, he
or she can apply at any department of motor vehicles field office for a "restricted license" that will allow
the person to drive to and from his or her place of employment.
4. How can I verify my lawyer's credentials?
You can review the "practice areas" of lawyers in the "Martindale-Hubbell" listing of lawyers
in the United States. This publication is usually available in county law libraries and in public
libraries. Keep in mind, however, that several lawyers only show the date of admission to the state bar
and the college and law school they attended. Perhaps the best place to verify the credentials of a DUI lawyer
is by going to the following website: www.martindale.com for more
information.
5. Can I appeal my DUI to a circuit court?
Every person in the U.S. who receives a DUI conviction in a district or a municipal court has
the legal right to appeal this lower court's conviction to the county circuit court. Be alerted to the
fact, however, that in many states there is a closely adhered to 14-day time frame in which the appeal must be
filed. If the appeal is not correctly filed within the 14-day time frame, unfortunately, the appeal will be
considered "waived," a circumstance that isn't open to re-filing at a later date.
6. I consumed only 4 or 5 beers and was not “drunk.” Can I still be
convicted of DUI?
A person can be convicted of DUI if his or her driving was adversely affected in any noticeable
manner by the consumption of alcohol. Drinking 4 to 5 beers within a one or two hour time frame can, quite
frankly, result in a blood alcohol concentration from .06% to .09%, "depending" on the individual's body
weight, how much alcohol was in the beer (some beer contains more alcohol content than others), how quickly the
person drank the beer, the person's metabolism rate, and if the individual was drinking on a "full" or on an
"empty" stomach.
In conclusion, drinking 4 or 5 beers may be sufficient to violate either the "under the
influence" standard or the "per se standard" (.08% in all 50 U.S. states), or both.
7. I have a commercial driver license. Are there "extra"
issues for me if I am arrested for DUI?
Yes, in most states an individual who has a commercial driver's license will be subject to much
stricter standards than drivers who do not have a CDL. For example, if the driver with the CDL was driving a
"commercial" vehicle at the time of the DUI arrest, an evidentiary blood or breath alcohol test result of .04%
is sufficient to convict him or her of DUI.
Furthermore, if the driver with the CDL was driving a "private" vehicle at the time of the DUI
arrest, on the other hand, and is subsequently convicted of DUI, in most states, the driver may lose his or her
commercial driver's license for one year for a first DUI offense and for "life" for second DUI offense.
8. 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 receive a DUI
arrest.
9. I'm simply going To plead guilty to my DUI. Why do I need a
DUI attorney?
Concerning a DUI arrest, maybe the biggest mistake a person can make is to automatically plead
guilty in court. Without a DUI lawyer to represent an individual, he or she is basically giving up all of
his or her rights for legal representation in court and is, in essence, accepting whatever happens.
This can become a big mistake that can negatively affect an individual's future employment
opportunities and or his or her ability to get insurance for his or her vehicle, to travel as freely as he or
she desires, to own a vehicle, to get a professional license in his or her chosen line of work, to get "good"
credit ratings, and many other important issues in life of which he or she may not be immediately aware.
In most states, a DUI conviction will remain on a person's driving record for a minimum of five
years. During this time, the person may be quite "handicapped" when experiencing any or all of the "scenarios"
given above. In a word, a DUI defense attorney is quite important in providing the legal representation an
individual needs in a DUI case.
10. If my blood alcohol concentration is less than .08, can I still lose
my driver's license?
It is possible to lose your driver's license with a blood alcohol content level under .08% but
an individual typically loses his or her license as a result of another conviction for DUI or a related
offense. For the most part, in order for a your driver's license to be automatically suspended, your blood
alcohol concentration must be .08 or more while driving.
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