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"?
The consequences of driving under the influence
(DUI) can be quite extensive, from both a legal and a psychological
standpoint. Considering the excessive number of injuries and
deaths that are related to drunk driving throughout the United
States, many state lawmakers have become so incensed with this lack
of social and personal responsibility that they have been imposing
even more stringent penalties on DUI offenders.
DUI is an acronym for "driving under the
influence." An individual is guilty of DUI if he or she
drives a motor vehicle while under the influence of alcohol or any
drug, legal, illegal, over-the-counter, prescription or otherwise,
to the extent that his or her mental faculties and/or physiological
responses are negatively affected 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. It is worthy of note that at the
time of this writing, the legal limit regarding blood alcohol
content (BAC) is .08% in all 50 states in the United
States.
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 local 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 relatively quickly
through the court system and unfamiliarity with the procedural
requirements and various deadlines could negatively affect your
case. Armed with this information in mind, it makes a lot of
sense to hire a DUI attorney for your DUI arrest.
If you have been charged with DUI you need an
attorney who will aggressively represent your legal rights through
the complexities involved in a DUI case. DUI lawyers will
able to assist you every step of the way through the criminal
process and help you find the answers you need.
During the course of a DUI investigation if there
are irregularities or evidence that could cause the DUI charge to
be thrown out of court, it is quite improbable that the police,
court system, or the prosecution will be highly "encouraged" tell
you about these circumstances.
In point of fact, in many if not most instances,
you may never become aware that an "irregularity" ever took
place. A DUI attorney, however, will be able to find such
"irregularities" and bring this evidence to the attention of the
court and the prosecution. And in some circumstances and
based on this "evidence," your DUI lawyer may be able to get your
charges substantially reduced or dismissed.
A DUI lawyer will be able to assess your case and
determine if there are constitutional violations or other defenses
that can weaken the prosecution's case. Equipped with this
information, the DUI lawyer can negotiate with the prosecution for
a reduced charge and in some circumstances, even receive a complete
dismissal of the charge. Stated simply, without the
representation of a DUI lawyer you reduce your chances of getting
the best possible results to a considerable extent.
Getting stopped by a police officer and being
accused of "drunk driving" or "driving under the influence" can be
a frightening and a stressful 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 regarding your DUI arrest.
3. What should I do if
my vehicle is stopped and the police officer asks me if I've been
drinking?
Even though DUI attorneys in general recommend that
you act politely, provide your name, and give various documents
like your proof of insurance, vehicle registration, and driver's
license to the police officer, you should know that you are not
legally mandated to answer any other questions. Indeed, you
have the right to contact an attorney before you answer any
questions other than giving your name and providing the documents
discussed above and you have the right to remain silent. Also
remember, on the other hand, that if you do make up your mind to
answer other questions, your answers can be used by your DUI
attorney and by the prosecution.
4. 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.
5. What is implied
consent?
Any person who operates a motor vehicle within one
of the U.S. states and who is arrested for a "driving under the
influence" offense is presumed to have given consent for a test of
his or her breath, blood, urine, or other bodily substance for the
articulated purpose of determining the individual's blood alcohol
content level (BAC). The arresting police officer has the legal
authority to decide what type of test the driver must undergo and
the power to request more than one type of test.
6. If I was
drinking and driving, I'm guilty of a DUI, right?
Not necessarily. It is not illegal to drink
and drive. It is, however against the law to drive while
impaired by drugs or alcohol or both, or if you are an adult and
your blood alcohol content is above 0.08%. Having said this,
on the other hand, the prosecution must prove these facts (that is,
that your blood alcohol content was above .08% and/or that you are
an adult and were impaired while driving) beyond a reasonable
doubt.
7. Can the judge
impose more than the mandatory minimum jail time for a person who
received a DUI?
Yes. The judge can impose up to the maximum
jail time allowable for a DUI offense. On the other hand, the
judge cannot impose less than the mandatory minimum jail time in a
DUI case.
8. Do I
have a right to speak to an attorney if I am arrested for
DUI?
Without a doubt, you have a legal right to speak to
an attorney if you are arrested for a DUI. While you should
cooperate with requests by the police regarding your identification
and various documents such as your proof of insurance and your
vehicle registration and with any requests for you to take a blood
alcohol test or a breath test, you are not required to undergo any
field sobriety tests or answer any further questions.
In fact, since anything you say or do during the
DUI arrest can be used against you by the prosecution, it is
usually a good idea to contact a DUI lawyer as soon as
possible about your DUI arrest.
9. What are some
of the terms that are synonymous with DUI?
The following terms are synonymous with the term
"DUI" (driving under the influence) in different U.S. states:
-
Driving under the influence of intoxicants
(DUII)
-
Driving while intoxicated (DWI)
-
Operating under the influence (OUI)
-
Operating while intoxicated (OWI)
-
Driving while under the influence
(DWUI)
10. I was arrested for
DUI. Why am I being charged with committing two
crimes?
In some states, besides getting charged with DUI,
"driving under the influence," a person may additionally be charged
with a "per se" offense for driving with a blood alcohol content
level that is greater than the legal limit. Note: the
"per se" legal limit is .08% in all 50 U.S. states. Each of
these acts is a violation of the law and each is a crime for which
an individual can be convicted.
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