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"?
Drunk driving or "driving under the influence" (DUI) is sometimes called driving while
intoxicated (DWI) and has two meanings. First, you may be guilty of DUI or DWI when your physical
and/or mental abilities are impaired by alcohol, drugs, or a combination of alcohol and drugs while you are
driving.
In fact, according to the law, it makes absolutely no difference whether the drug is
over-the-counter or prescription, legal or illegal.
If drinking alcohol and/or taking a drug adversely affects your ability to judge distances,
your reaction time, or your hearing or your sight, or any other mental or physical used in driving, you may be
found guilty of a drunk driving offense.
Second, driving with a blood alcohol concentration (BAC) over the state's maximum permissible
blood alcohol limit. As of May, 2007, the limit for adults is 0.08% in all 50 states.
2. Why should I hire a DUI Lawyer?
Having a DUI defense attorney can make the entire DUI experience far less stressful. What
is more, a "drunk driving" lawyer can answer your questions, prepare you for the proceedings each and every
step of the way, and ensure that if there is a way to help you within the law, he or she will find this
way.
DUI law is a highly complex field and requires a "driving under the
influence" lawyer to accurately review your case for defects, to suppress evidence when necessary, and to
negotiate a "plea."
In addition, a DUI attorney will be able to zero in on important matters such as obtaining
expert witnesses for trial, contesting the administrative suspension of your license (if this becomes an
issue), requesting that blood samples are independently analyzed, and reviewing the maintenance and calibration
records for the breath machine (if this was used to measure your blood alcohol concentration (BAC) at the time
of your arrest).
DUI charges usually require the input from a DUI criminal defense attorney. 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 hire a DUI criminal defense lawyer who will do whatever
it takes to get a favorable outcome for his or her clients.
A DUI lawyer will be able to evaluate your case and establish whether there are constitutional
violations or other defenses that potentially weaken the prosecution's case.
Using this information, the DUI attorney can negotiate with the prosecution for a reduced
charge and in some instances, even a complete dismissal of the charge. In short, without the
representation of a DUI lawyer, you substantially reduce your chances of getting the best possible legal
results.
3. If I am stopped by a police officer and questioned, what should
I say to avoid a DUI arrest?
You are only required to identify yourself and give the police officer various documents such
as vehicle registration, driver's license, and proof of insurance. In short, other than this, you do not
have to respond to any further questions. There is usually no need to volunteer information because no
matter how well intentioned, this information can be misinterpreted and can be used as evidence against you by
the prosecution.
After identifying yourself and giving the police officer the documents discussed above, make it
known to the police officer that you wish any further discussion to go through your attorney. And finally,
remember to be polite. Displaying an "attitude" certainly will not help your situation.
4. If I am stopped for a DUI, should I undergo field sobriety
testing?
Field sobriety tests frequently consist of the "walk and turn," test, the "one-leg stand,"
test, the "pen light" test, and other field sobriety tests. If you are arrested by the police for a suspected
DUI, you should know that you are not legally required to take these field sobriety tests. What is more,
many DUI lawyers believe field sobriety tests lack scientific merit and are invalid.
5. Do I have a right to speak to an attorney if I am arrested for
a DUI?
Absolutely. 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 additional questions.
In fact, since anything you say or do during the DUI arrest may and can be used against you by
the prosecution, it is usually a very good idea to contact a DUI lawyer as soon as possible about your DUI
arrest.
6. 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.
7. What is the main goal of sobriety checkpoints?
Even though sobriety checkpoints do in fact remove some drinking drivers from the highways, the
main goal of sobriety checkpoints is to significantly reduce driving after drinking by increasing the perceived
risk of arrest.
8. What happens when a citizen calls 911 to report a suspected
drunk driver?
In most states, the 911 dispatcher will ask the caller for a description of the vehicle (such
as color, make, and model), the license plate number, and the exact location of the vehicle. The 911
dispatcher will typically forward this information to police officers in the field so that they can respond to
this situation.
9. What is a SR-22?
Basically, a SR-22 is a form that must be filed by the insurance company to the respective
state DMV stating that vehicle liability insurance is in effect for a particular person.
The SR-22 is frequently required when insurance is provided to a person who has been convicted
of a traffic offense and was unable to show financial responsibility, if a judge has ordered an SR-22 for other
reasons (such as a DUI), or if the person was involved in a traffic accident.
10. What happens if I'm supposed to appear in court for a DUI and I can't make
it?
In most DUI cases, your attorney can appear in court for you. This is another reason why
it makes sense to hire a DUI lawyer if you are arrested for DUI. In fact, your question about not showing up in
court is a good question to ask your attorney.
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