DUI Frequently Asked Questions
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.
What is "DUI"?
The consequences of driving under the influence (DUI) can be far reaching, both from a legal and an
emotional vantage point. Considering the substantial number of injuries and fatalities that are related to DUI
throughout the United States, many state legislators have become incensed with this lack of personal and social
responsibility and, as a consequence, are imposing stringent penalties on offenders.
DUI is an acronym for "driving under the influence." A person is guilty of DUI if he or she drives a motor
vehicle while under the influence of alcohol or any drug, prescription or otherwise, to the extent that his or
her physiological responses and/or mental faculties are impaired 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.
At the time of this writing, the legal limit regarding blood alcohol concentration (BAC) in all 50 states in
the United States is .08%.
Why do I need a DUI Attorney?
DUI charges require a specialized DUI criminal defense lawyer. Don't let the State convict you of a DUI when
you may indeed have a "doable" defense.
If you have been arrested for "driving under the influence" and have a DUI charge filed against you, please
consider hiring a criminal defense attorney who will do whatever it takes to get a favorable outcome for you
and for your legal rights.
Getting stopped by a police officer and being accused of drunk driving can be an extremely stressful and
Many "good" individuals with no criminal record experience these feeling every day because of the fact that
they have been arrested for DUI.
A DUI lawyer will help you understand what has happened to you and what lies ahead concerning your DUI
If you have prior convictions for drunk driving, hiring a DUI lawyer is strongly suggested. Why? Mainly
because DUI attorneys know how to get prior convictions removed, thereby possibly reducing your fines and
penalties to a great extent should you be convicted.
Most DUI defenses include challenging the "stop and arrest" that was performed by the police. Another
significant area of DUI defense is getting the breath test results suppressed.
Even if the breath test is not suppressed, however, a DUI attorney may be able to dismiss the results
altogether. Recent legal challenges that have led to "suppression" include the following:
- A constitutional challenge to the new DUI statute itself
- Software problems in the testing machine
- Defective warnings prior to conducting the test
- A lack of calibration and certification of the thermometer in the testing machine.
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 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.
If my blood alcohol content was under .08%, won't my DUI case be dismissed automatically?
>Not necessarily. The prosecutor can try to prove that you were driving under the influence based upon
other evidence such as your field sobriety test scores, physical mannerisms, your driving performance, and
If my license was suspended/revoked in one state can I get a driver's license in another
Regrettably, if your driver's license was suspended or revoked in one state, in most circumstances, you will
be unable to get a driver's license in another state.
The reason for this is that the District of Columbia and at least 45 states adhere to the "Driver's License
Compact Act." According to this act, when a person receives an out-of-state DUI conviction, this information
will be reported to your home state that will, in turn, typically suspend your driver's license.
What is more, if you receive a DUI conviction in one state and move to another state that participates in the
"Driver's License Compact Act," if it highly unlikely that you be able to get a driver's license in this second
Can people be guilty of DUI if they drive under the influence of prescription medications?
Unfortunately, an individual can be guilty of DUI even if he or she is under the influence of prescription
medications. Regardless of whether the individual has a prescription or not, the DUI statute clearly prohibits
anyone from driving while impaired.
If I am arrested for a DUI, can I avoid jail time?
In some states, if you have a blood alcohol concentration of .15 or higher, mandatory jail time is involved.
This also means that if this is your first DUI, your blood alcohol content was fairly low (let's say right at
.08%), and there were no other extenuating circumstances (for instance, you didn't have a child under the age
of 15 years old in your vehicle at the time of your DUI arrest and/or no traffic fatality resulted from your
DUI) in many states you will be able to avoid jail time.
Furthermore, DUI lawyers are frequently able to keep the punishment at the absolute lowest level allowed by
I just received a DUI. Is there a way to challenge the results of the alcohol breath test?
A DUI lawyer knows how to identify and focus on any potential problems with the various tests, providing you
with the best chance to fight the charge.
Who is most at risk for a DUI arrest?
According to the research findings, young men between the ages of 18 and 20 reported driving while impaired
more often than any other age group.
What is more, male drivers involved in fatal motor vehicle crashes are roughly twice as likely as female
drivers to be intoxicated with a blood alcohol concentration of .08 percent or greater.
And finally, in 2007, roughly 83% of all alcohol-impaired drivers involved in fatal crashes were males as
opposed to only 15% regarding females.