DUI Frequently Asked Questions


Since "driving under the influence" (DUI) is the most frequently committed crime in the United States, it stands to reason that many people have a lot of questions about this topic.

As a result of the prevalence of DUI incidents as well as the harsh consequences that are associated with driving under the influence circumstances, we are providing some of the most frequently asked questions about driving under the influence.


What is "DUI"?

Driving a motor vehicle while under the influence of drugs or alcohol or both 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 person unable to safely operate the vehicle that he or she is driving.

In addition, a person 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% for adults.

Why do I need a DUI attorney?

If you have been charged with "driving under the influence" you would be wise to get consultation from a DUI lawyer in your area as soon as possible.

By doing this, you will undoubtedly know what to expect when you appear in court.

For the most part, criminal DUI cases tend to move relatively quickly through the court system, and unfamiliarity with the procedural requirements and the different deadlines could adversely affect your case.

Equipped with this information, it seems reasonable for you to hire a DUI attorney for your DUI arrest.

If you have been charged with DUI you need a lawyer who will aggressively represent your legal rights through the complexities involved in a DUI case.

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

Once a DUI lawyer is hired to "fight "for your legal rights, he or she will immediately begin going through every detail of your case to find out if there was any procedure that was improperly followed.

Stated another way, your DUI lawyer will be looking to see if the police officer did everything in the proper manner and whether or not there was a "lawful stop."

Getting arrested for DUI can elicit feelings of fear, embarrassment, depression, and anger.

Individuals from all walks of life have been arrested for DUI.

Keep in mind that the more control you take over in your life now, including educating yourself about current DUI laws, the greater peace of mind you will probably experience after your DUI.

Due to the fact that you are in a vulnerable circumstance, you need to consult with a DUI lawyer you can trust and who will "fight" for your legal rights.

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.

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.

Will I be able to get my DUI case dismissed because I was not read my rights?

Probably not. Based on a review of the facts and the details of your DUI case, however, it is possible to challenge the admissibility of the police officer's statements, depending upon when they were given in relation to your stop and/or arrest.

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.

These fields of inquiry present a host of complicated evidentiary, administrative, constitutional, procedural, license, and sentencing issues that are best addressed and dealt with by hiring a DUI attorney.

What is implied consent regarding a DUI arrest?

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 if I lose my license from a DUI but continue to drive?

If an individual whose license has been suspended or revoked due to "driving under the influence" chooses to drive without a valid driver's license and is pulled over by the police, he or she stands to suffer more severe consequences, including extension of the license suspension or revocation, forfeiture of his or her vehicle, and possible fines and imprisonment.

Clearly, it makes much more sense to rely on family, friends, and public transportation for your rides while your license is revoked or suspended.

Do DUIs only involve alcohol?

No, DUIs do not only pertain to driving under the influence of alcohol.

In fact, an individual can be charged with DUI after consuming prescription drugs, over-the-counter drugs, illegal drugs, or alcohol, or a combination of any of these.

Furthermore, a prosecutor can also charge an individual with a DUI who smoked marijuana just before or during driving.

Will the court hold it against me if I hire an attorney to represent me on my DUI and plead not guilty?

Absolutely not. In fact, according to the constitution, you have a right to challenge the evidence against you.

What is more, most judges are far more comfortable dealing with clients who are represented by a lawyer due to the potential conflicts that can arise when people try to represent themselves in a DUI case.


Can the judge impose more than the mandatory minimum jail time for a person who received a DUI?

Yes. The judge can impose up to the maximum jail time allowable for a DUI offense.

On the other hand, the judge cannot impose less than the mandatory minimum jail time in a DUI case.