DUI Lawyer FAQ

If you or someone in your family has been arrested for drunk driving, there are many things you should know about DUI law and what goes on in court. Do you know how your life or the life of your loved one will be affected by the charges? Do you have a teen with a DUI? Some frequently asked questions about DUI’s and DUI Lawyers are provided below to help you start preparing for the difficult legal processes that lie ahead.

1. What Constitutes a DUI?

- In every state in America, an individual driving a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 or higher is considered to be driving under the influence.

2. Can I be Arrested for Driving with a BAC of Less Than 0.08?

- Yes. In most states, an officer can use his judgment to determine if you are drunk driving if even a low level of alcohol is found to be in your system. For example, you can be arrested with a lower BAC if you fail a Field Sobriety Test. Also, if you are under the age of 21 and any level of BAC is found through a breathalyzer test, you can be subject to arrest, as stated in the Zero Tolerance BAC Laws.

3. Can I receive a DUI for Using Prescription Drugs While Driving?

- Yes. If you are taking a prescription drug that impairs your ability to drive by invoking dizziness, mental confusion or drowsiness you can be charged with driving under the influence.

4. If a Police Officer Asks Me if I’ve been Drinking, Should I Lie?

- You should never say anything that will incriminate yourself, but you should not lie about it either. If you’ve been drinking and an officer has pulled you over, you have the right to ask to speak with an attorney before answering any questions.

5. What are some Things a DUI Lawyer can do for Me?

- A qualified DUI Lawyer can do a number of things that may benefit you during the course of your case. Some of these services include finding flaws in your case, negotiating reduced sentences and penalties, request maintenance records on breathalyzers, have blood samples reanalyzed and assist with contesting license suspensions.

6. What is the “per se” DUI offense?

- With the exception of 2 states in the US, additional penalties can be applied to individuals driving with an exceptionally high BAC level. These increased penalties do not replace the original DUI penalties, but serve as additional punishments.

7. What are some ways a DUI Lawyer can defend me in Court?

- There are many steps a DUI Lawyer can take to protect you in a DUI case. Some of the most common and effective are as follows:

• Lack of probable cause- if the officer didn’t have a valid reason for pulling you over, a DUI lawyer can argue that there was no reason to be searching the vehicle in the first place.
• Chemical test inaccuracy- since having food in your stomach can elongate the alcohol absorption process for up to 3 hours, a chemical test could give a false reading.
• No Miranda warning- if someone confessed to drinking and driving before given their Miranda rights, an attorney could argue against it being used as evidence in DUI court.
• Inaccurate breathalyzers- sometimes a breath test can pick up other chemicals and read them as alcohol. One example includes mouthwash, which does contain alcohol, but isn’t used for consumption.

If you have more questions concerning your DUI, we certainly have more answers. Fill out the free evaluation below with the specifics of your case, and one of our experienced representatives will contact you shortly with the answers to any questions you may still have. You need to be well informed. Get the information you need right now!