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"?

Driving a motor vehicle while under the influence of intoxicating liquor or drugs is referred to as DUI.  An individual can be charged with DUI if he or she operates a motor vehicle while under the influence of any amount of drugs or alcohol, or a combination of the two, which makes the individual unable to safely operate the vehicle that he or she is driving.  An individual can also be charged with DUI if he or she operates a motor vehicle with a blood alcohol concentration in excess of the statutory limit, which in all 50 states is .08%.

   2.   Why do I need a DUI attorney?

Even if you did in fact drink and drive in an unsafe way, a DUI lawyer may be able to help minimize your legal problems and maximize the opportunities for you to move ahead toward a more beneficial future.  In a word, a DUI criminal defense attorney helps equalize the balance of power that exists between the defendant and the prosecution and works to maintain the constitutional rights that are guaranteed to all DUI criminal defendants.

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 very improbable that the police, prosecution, or the court system will be greatly "encouraged" to let you know about these legalities.

Indeed, in many if not most circumstances, you may never become aware that various "irregularities" ever took place.  A DUI lawyer, on the other hand, will be able to discover such "irregularities" and bring them to the attention of the prosecution and the court.  In some situations, furthermore, and based on this "evidence," your DUI attorney may be able to get your charges dismissed or substantially reduced.

DUI charges usually require the employment of DUI criminal defense lawyers.  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 consider hiring a DUI criminal defense attorney who will do whatever it takes within the law to get a favorable outcome for you.

Remember that what matters is not so much whether you are innocent or guilty, but whether the prosecution has enough evidence to prove its case against you.  Keep in mind that you are innocent until proven guilty beyond a reasonable doubt.  By hiring a DUI lawyer, you are increasing the odds that you will experience the best possible results regarding your DUI situation.

   3.   Can I be charged with DUI even if I'm on private property?

Yes, you can be charged with "driving under the influence" (DUI) whether you are driving on the highway, on a street, or on private property.  All that is "needed" is for you to be in actual physical control of a motor vehicle while impaired by drugs, alcohol, or a combination of both.

   4.   Can a person convicted of a DUI get a lower fine?

When a person is convicted of a DUI, the fines are mandatory and the judge has to impose them.

   5.   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 medication.  Regardless of whether the individual has a prescription or not, the DUI statute clearly prohibits anyone from driving while impaired.

   6.   I'm simply going To plead guilty to my DUI.  Why do I need a DUI attorney?

Regarding a DUI arrest, perhaps the biggest mistake is to automatically plead guilty in court.  Without a DUI attorney to represent you, you are essentially giving up all of your rights for representation in court and you are for all practical intents and purposes accepting whatever happens to you.  This can prove to be a big mistake that can adversely affect your future employment opportunities and your ability to get insurance for your vehicle, to travel as freely as you desire, to own a vehicle, to get a professional license in your chosen line of work, get "good" credit ratings, and many other important issues in life of which you may not be immediately aware.

In most states, a DUI conviction will remain on your driving record for a minimum of five years.  During this time, you may be considerably "handicapped" when undertaking any or all of the "scenarios" given above.  In short, a DUI defense lawyer is very important in providing the legal representation you need in a DUI case.

   7.   Should I consider representing myself in court for my DUI?

Because "driving under the influence" (DUI) is a criminal offense there are serious consequences and penalties for this offense.  It is consequently in a person's best interest to hire a person who knows what he or she is doing--that is, a DUI lawyer.

   8.   If my blood alcohol content level is less than .08%, can I still lose my driver's license?

It's certainly possible for a person to lose his or her driver's license with a blood alcohol concentration under .08% but a person usually loses his or her license as a consequence of a previous DUI conviction or for a related offense.  Generally speaking, in order for an individual's driver's license to be automatically suspended, his or her blood alcohol content must be .08% or greater while driving.

   9.   Who is most at risk for a DUI arrest?

According to the alcohol abuse and alcoholism research literature, young males between the ages of 18 and 20 reported driving while impaired more frequently than any other age group.  In addition, male drivers involved in fatal motor vehicle crashes are around twice as likely as female drivers to be intoxicated with a blood alcohol content level (BAC) of .08 percent or higher.  Not only this, but in 2007, approximately 83% of all of the alcohol-impaired drivers involved in fatal crashes were males versus only 15% females.

  10. I received a DUI.  Will I have to take an alcohol/drug abuse class?

In most states, if you are convicted of DUI, you will be required to take drug and/or alcohol abuse classes.  The "usual" requirement is 8 hours of "DUI school." Frequently, the higher your blood alcohol content level (BAC) was at the time of your arrest, the more hours you will be required to attend such a school.  What is more, the higher your BAC, you may also be required to get an alcohol and drug abuse evaluation or perhaps additional counseling or treatment.

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