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"?
In all 50 states, an adult who is at least 21 years old can be charged with DUI if he or she
operates a motor vehicle with a blood alcohol content level that exceeds the statutory limit, which in each and
every state is .08%.
An individual's blood alcohol content level can be determined through chemical testing from his
or her saliva, urine, breath, hair, or from his or her blood.
It is important to highlight the fact that a person can also be charged with DUI if he or she
operates a motor vehicle while under the influence of any amount of alcohol or drugs (legal or otherwise), or a
combination of the two, which makes the individual unable to safely operate the vehicle that he or she is
driving.
The essential point here is that an adult can receive a DUI with a blood alcohol concentration
(BAC) that is less than .08%.
2. Why do I need a DUI attorney?
The first and foremost goal of most DUI lawyers is the dismissal of your DUI offense. If
that is not possible, then the DUI attorney must try for a reduction of the charges, fines, and/or
penalties.
One of the "jobs" of a DUI attorney is to try and convince the judge what a reputable person
you are, what a noteworthy life you have lived, and to bring to bear all of your positive achievements and
accomplishments
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 stay out of jail.
Currently, because of pressures of initiated by numerous entities that are incensed with the
personal and social unaccountability of individuals who continue to drink while under the influence of alcohol
or drugs or both, judges, via stricter penalties and more stringent fines, are sending an obvious message that
such acts of irresponsibility will not be tolerated.
Once a DUI lawyer is hired to "fight" for your legal rights, he or she will promptly begin
going over every facet of your DUI case to see if there's any procedures that were not properly
followed.
For instance, your DUI attorney will be looking to see if the arresting officer did everything
in the proper manner and if there was a "lawful stop."
A DUI attorney will be able to evaluate your DUI case and establish whether there are
constitutional violations or other defenses that potentially weaken the prosecution's case against
you.
Armed with this information, your DUI lawyer can negotiate with the prosecution for a reduced
charge and in some circumstances, perhaps get a complete dismissal of the charges.
In sum, without the representation of a DUI lawyer, you significantly reduce your chances of
getting the best possible legal outcome.
3. What is a field sobriety test?
Field sobriety tests are tests police officers use in the field (at the scene) to establish
various levels of impairment. In the majority of instances, police officers will not ask you to perform any
field sobriety tests unless they either suspect DUI for another reason or smell alcohol or drugs.
These tests frequently include the "pen to eye" test, checking a person's pupil dilation, the
"walk and turn" test, and a portable breath test. If you submit to any of these tests, there is a good
chance that the police officers will report some sort of "failure."
During a suspected DUI arrest, most police officers also notice a person's physical appearance
and make a note if the person's speech is slurred.
There is no need to add to the evidence against you by taking unnecessary tests and/or talking
too much during a DUI arrest. Because you are not required by law to submit to field sobriety tests, it is
usually in your best interest to politely refuse to take these tests.
4. What is the main goal of sobriety checkpoints?
Although sobriety checkpoints do indeed get rid of some drivers who drink from the highway, the
primary goal of sobriety checkpoints is to substantially reduce driving after drinking by increasing the
drivers' perceived risk of arrest.
5. How can an "average citizen" or the general public report a
suspected drunk driver?
When you want to report a suspected drunk driver, use extreme safety and call 911 from your
cell phone. If after calling 911 you continue to receive a busy signal, please call your local police
department or your local sheriff to report a driver that you suspect may be drunk.
6. Do I have to give my name if I call 911 to report a suspected
drunk driver?
Just to be on the "safe" side, we believe that in "most states," when you make a place call to
report a suspected drunk driver, you can remain anonymous. We think that to make sure of this, however,
you are well advised to call your local police department about this and also ask if you can anonymously call
the state highway patrol to report a suspected drunk driver.
7. What is a SR-22?
Essentially, a SR-22 is a form that must be filed by the insurance company to the corresponding
state department of motor vehicles stating that vehicle liability insurance is in effect for a specific
person. The SR-22 is often required when the person was involved in a traffic accident, the judge has
ordered an SR-22 for other reasons (such as a DUI), or when insurance has been issued to an individual who has
been convicted of a traffic offense and was unable to prove his or her financial responsibility.
8. What happens if I'm supposed to appear in court for a DUI and I
can't make it?
In the vast majority of DUI cases, your lawyer can appear in court for you. This is
another reason why it is logical for you to hire a DUI attorney if you are arrested for DUI. Indeed,
your question about you having to appear in court is an excellent question for your lawyer.
9. Is it advisable to discuss my DUI arrest with co-workers,
friends, or family members?
It is almost always best if you refrain from discussing your DUI arrest with anyone other
than your attorney due to the fact that friends, co-workers, and family members may be called as witnesses
by the prosecution. In a word, so that you can protect your reputation and receive the best possible
outcome in your legal proceedings, only talk about your DUI arrest with your attorney because in a court
case such as a DUI arrest, your lawyer cannot be called as a witness by the
prosecution.
10. Can a DUI lawyer guarantee that the outcome of my DUI case will
turn out to my benefit?
No DUI lawyer can guarantee the results of a DUI case or that the DUI proceedings will be
resolved entirely.
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