Home > Driving Under the Influence (DUI)
 I
have been dealing with DUI's in the metro area courts for over 24 years
and I am very familiar with the "ins" and "outs" of
handling the charge of DUI. I have obtained very good results for my clients.
Each and every case is different and therefore I customize my approach to
suit each case. I invite you to come and see me about your DUI or if you
would prefer to use my free online consultation which is available via e-mail
simply click here.
What is DUI?
DUI is shorthand for "Driving Under the Influence." A person
is guilty of DUI if he or she drives or is in actual physical control
of a motor vehicle and is under the influence of alcoholic beverages or
any chemical or controlled substance to the extent that his or her mental
faculties are impaired or when his or her blood alcohol level (BAC) is
above the legal limit for the state.
Does the car have to be moving for me to be guilty of DUI?
No. You can be arrested for DUI by driving while over the legal BAC in
your state or while impaired. But, you need not actually operate the car
in order to be arrested. You can still be found guilty if you had the
capability and power to dominate, direct, or regulate the vehicle, regardless
of whether you were exercising that capability or power at the time of
the arrest. In other words, simply sitting behind the wheel with the keys
in the ignition can lead to your arrest for DUI by being in "actual
physical control" of the car.
Can I still be in trouble for driving, even if my BAC is below
the legal limit?
Yes. It is also unlawful to drive with your "normal faculties"
impaired. "Normal faculties" are those faculties of a person,
such as the ability to walk, talk, judge distances, drive an automobile,
make judgements, act in emergencies, etc.
Do I have to submit to a breath, blood, or urine test?
No. However, refusing such tests is generally not a good idea. The laws
of most states permit the motor vehicle department to suspend your privilege
to drive. In addition, your refusal to submit to a test upon the request
of a law enforcement officer is admissible in any criminal proceeding
against you as evidence of you consciousness of guilt.
By accepting the privilege extended by the laws of most states to drive,
the courts have determined that you have given your consent to submit
to an approved chemical or physical test of your breath for the purposes
of determining your BAC, and to a urine test for the purposes of detecting
the presence of drugs. Therefore, when you sign your name on your license,
you are saying that if stopped for a possible DUI, you will accept to
take the test.
If I am arrested for a DUI, will I lose my license?
Yes, the law enforcement officer will seize your license if you are arrested
for DUI with an unlawful BAC or after you refused to submit to a chemical
or physical test. Your license will be seized, and the officer will issue
you a traffic ticket, which acts as both a temporary driver’s license
and as your notice of suspension.
How long will I lose my license?
This will vary from state to state. However, if you have refused to submit
to a chemical or physical test, your license will likely be suspended
for a period of one year for a first refusal, or for eighteen months if
you have previously refused to submit to such a test. If you have an unlawful
BAC, your driving privilege will likely be suspended for six months for
a first offense, and one year for a second offense.
What else will happen to me?
Once again, this varies from state to state. But more than likely, you
will be given a jail term. Most states require a mandatory one-night stay
on the first offense. In addition, most second offenses within five years,
results in a mandatory 30 day jail term and a third offense usually results
in a sentence of no less than ninety days. Furthermore, your insurance
company may discontinue its coverage or at the very least, assign you
to a high-risk category, resulting in a substantial increase in your premiums.
Can I fight my DUI arrest?
Yes. You may request a review of the driver’s license suspension
by the department of motor vehicles within a specified number of days
following your arrest. At a formal review, the hearing officer is authorized
to administer oaths, examine witnesses and take testimony. If you request
an informal review hearing, it shall consist solely of an examination
by the department of the written materials submitted by the arresting
officer, as well as anything you wish to submit. You generally cannot
attend an informal hearing.
Is there anyway to avoid a DUI?
It sounds simple, but don’t drink and drive. Take a taxi, designate
a driver, walk, call a friend, but no matter what, do not drink and drive.
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