DUI Frequently Asked Questions


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.


What is a "DUI"?

Driving a motor vehicle while under the influence of alcohol or drugs or both is known as "driving under the influence" or DUI.

A person can be arrested for DUI if he or she operates a motor vehicle with a breath or blood alcohol content level (BAC) that is greater than the statutory limit, which is .08% in all 50 states in the U.S.

A person can also be placed under arrest for DUI if he or she operates a motor vehicle while under the influence of any amount of alcohol or drugs, or a combination of the two, that makes the person unable to safely operate his or her vehicle.

Why do I need a DUI Lawyer?

If you have been charged with DUI you really should consider getting a DUI attorney who will aggressively represent your legal rights through the complexities involved in a DUI case.

DUI attorneys, finally, are able to assist you every step of the way through the criminal process and also help you find the answers you need.

Having a DUI attorney to plead your case and who knows the DUI laws can greatly increase the possibility that you will receive a reduced sentence and perhaps stay out of jail.

Today, due to the pressures of numerous entities that are outraged with the personal and social irresponsibility of people who continue to drink while under the influence of alcohol or drugs or both, judges, through the vehicle of stricter fines and more stringent penalties, are sending a clear message that such acts of irresponsibility will not be tolerated.

Having a DUI defense lawyer can make the entire DUI experience far less stressful.

Not only this, but a DUI attorney 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.

A DUI lawyer will see if there's a way to get your case dismissed, and if this possibility does not exist, your DUI attorney will be looking at what viable defenses there are to winning your case.

What should I do if my vehicle is stopped by a police officer and he asks me if I've been drinking?

While most DUI lawyers recommend that you act politely, give your name, and provide various documents like your driver's license, vehicle registration, and proof of insurance to the police officer, you need to know that you are not legally required to answer any other questions.

In fact, you have the right to remain silent and you have the right to contact an attorney before you answer any questions other than giving your name and providing the documents discussed above.

Keep in mind, however, that if you do decide to answer other questions, your answers can be used by the prosecution, as well as by your DUI attorney.

If I am stopped for a DUI, should I undergo field sobriety testing?

Field sobriety tests frequently consist of the "pen light" test, the "one-leg stand," test, the "walk and turn" test, and other field sobriety tests.

If you are stopped by the police for a suspected DUI, you need to know that you are not required to take these or any field sobriety tests.

In fact, many DUI attorneys think that sobriety tests are invalid and lack scientific merit.

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.

Can I represent myself in court for regarding my DUI? What can a DUI lawyer do for me?

Although it is usually not a good idea, yes, you can represent yourself concerning your DUI case.

"Drunk driving" and "driving under the influence" are very complex charges with increasingly severe consequences.

There's a minefield of complicated evidentiary, administrative, constitutional, procedural, license, and sentencing issues that are best addressed and dealt with by hiring a DUI attorney.

Why was I stopped and/or contacted by the police?

There are many different reasons you could have been "pulled over" by a police officer.

Some examples include the following: expired registration tags, involvement in a traffic accident, speeding, missing a front license plate, weaving in and out of traffic, having tinted windows, and driving erratically.

Someone could have also reported you to the police after seeing you leaving a party, a bar, a restaurant, or a sporting event "under the influence" and getting behind the wheel of a vehicle.

In short, there are many possible reasons why you were "pulled over" by a police officer.

Can I request an independent blood test when I am stopped for a DUI?

You have the right to get any independent, third-party evidence that can help prove your innocence.

If you think that an "outside" blood test may help with your DUI case, you can go to the hospital of your choice and ask them for a sample of your blood so they can test it for alcohol content.

Make sure to get this done as soon as possible after your arrest and also make sure to document the date and the time that the test was taken.

By the way, you will most likely be responsible for payment of this blood test.

What is implied consent?

Any individual who operates a motor vehicle within various states and is arrested for an offense related to "driving under the influence" is presumed to have given consent to a test of his or her urine, blood, breath or other bodily substance for the expressed purpose of determining the person's blood alcohol concentration (BAC).

The police officer has the right to decide what type of test the driver must undertake and the authority to require more than one type of test.


What is the difference between a license revocation and a license suspension?

In basic terms, if your license has been revoked, you are usually ineligible for driving privileges for work or any other driving privileges.

A suspension, on the other hand, typically results from getting too many points.

Under this scenario, you are usually eligible for limited driving privileges for school, medical purposes, and for work.