DUI Frequently Asked Questions
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Because "driving under the influence" (DUI) is the most highly committed crime in the United
States, it would appear to make sense to conclude that many people have quite a few questions about DUIs and
DUI-related situations.
As a result of the high occurrence of DUIs as well as the dangerous and at times fatal
consequences that are correlated with DUI-related accidents, we are presenting some of the most frequently asked
questions about driving under the influence.
1. What is "DUI"?
DUI is an acronym for "driving under the influence." An individual is guilty of DUI if he
or she drives a motor vehicle while under the influence of alcoholic beverages or any drug, prescription or
otherwise, to the extent that his or her mental faculties and physiological responses are impaired or when his
or her blood alcohol level (BAC) is above the legal limit for the state. At the time of this writing, the
legal limit regarding blood alcohol concentration in all 50 states is .08%.
The consequences of driving under the influence (DUI) can be far reaching, both from an
emotional and a legal perspective. Considering the significant number of deaths and injuries related to DUI
throughout the U.S., many states have become outraged with this lack of social and personal responsibility and
are consequently imposing stricter penalties on offenders.
2. Why do I need a DUI lawyer?
Even if you did drink and drive in an unsafe manner, a DUI attorney may be able to help
minimize your legal difficulties and maximize the opportunities for you to move in a more positive and
productive way after your DUI case.
One of the ways in which a DUI criminal defense lawyer can do this is by equalizing the balance
of power that exists between the defendant and the prosecution and working toward maintaining the
constitutional rights that are guaranteed to all criminal defendants.
DUI has become a very complicated and sophisticated area of
jurisprudence.
Indeed, more than a few criminal defense attorneys will admit that given the many talents and
skills needed to be mastered by a DUI defense lawyer, this area of specialization can be one of the most
difficult areas of criminal law in which the lawyer can engage.
If you have been arrested for "driving under the influence," it is advisable for you to get
advice from a DUI attorney in your local area as soon as you can.
By doing this, you will know precisely what to expect when you appear in court. For the
most part, criminal DUI cases move rather quickly through the court system and unfamiliarity with the different
deadlines and procedural requirements could hurt your case.
With this in mind, it seems quite logical for you to hire a DUI attorney for your DUI
proceedings. Having a DUI attorney who knows the DUI laws plead your case can greatly increase the
possibility that you will receive a reduced sentence and stay out of jail.
Currently, because of pressures of initiated by numerous entities that are incensed with the
personal and social unaccountability of individuals who continue to drink while under the influence of alcohol
or drugs or both, judges, by way of stricter penalties and more stringent fines, are sending an obvious message
that such acts of irresponsibility will not be tolerated.
In sum, a DUI attorney can help identify and address the unique and highly complex issues found
in a "driving under the influence" case. Because of this, it is highly recommended that you discuss your
DUI arrest with a local DUI attorney as soon as you can.
3. When I got a DUI the officer took my license but I still need
to drive to work. What can I do?
If a person's driver's license was taken away by the arresting officer during a DUI arrest, he
or she can apply at any department of motor vehicles field office for a "restricted license" that will allow
the person to drive to and from his or her place of employment.
4. What are the first steps usually undertaken in a DUI
defense?
In most cases, the DUI attorney will initiate an extensive interview of the individual who
received the DUI before accepting the case.
The attorney will review all the written documents related to the traffic ticket that was
written, especially regarding the blood or breath test report, and the arrest itself.
The initial interview will routinely last around 60 to 90 minutes. Every factor and detail
of the DUI case and the applicable laws will be reviewed and discussed.
The initial interview is highly confidential and all information related to this interview will
be held in the strictest confidence.
If the attorney decides to accept the case, he or she will then present the person who received
the DUI with a detailed written contract for his or her review.
If the person who received the DUI agrees to the terms of the contract, he or she will then
become the attorney's client and the latter will start the representation process.
5. How can I verify my lawyer's credentials?
A person can review the "practice areas" of attorneys in the "Martindale-Hubbell" listing of
attorneys in the United States. This document is typically available in public libraries and in county law
libraries. Remember, moreover, that several attorneys only reveal the college and law school they
attended and the date of admission to the state bar.
All things considered, possibly the best place to validate the credentials of a DUI attorney is
by going to the following website: www.martindale.com for
additional information.
6. I have a commercial driver license. Are there "extra" issues
for me if I am arrested for DUI?
In most states, a person who has a commercial driver's license (CDL) will be subject to more
stringent standards than drivers who do not possess a CDL.
For instance, if the driver with the CDL was driving a "commercial" vehicle at the time of the
DUI arrest, an evidentiary breath or blood alcohol test result as "low" as .04% is sufficient to convict the
person with the CDL of DUI.
What is more, if the driver with the CDL was driving a "private" vehicle at the time of the DUI
arrest, conversely, and is later convicted of "driving under the influence," the driver may lose his or her
commercial driver's license for one year for a first DUI offense and for "life" for second DUI offense in most
states.
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. Why is it necessary for me to hire a DUI lawyer about my
DUI?
A DUI is a misdemeanor or a felony criminal offense and not just another "ordinary" traffic
violation or traffic ticket. If an individual is convicted of a DUI, there are legal consequences and
penalties that can be considerably reduced or perhaps dismissed when an individual is represented by a DUI
attorney.
9. I was arrested for DUI. Should I plead guilty to reduce
the consequences?
In most instances if you were arrested for driving under the influence you probably should
not automatically plead guilty. In fact, this type of circumstance emphasizes the importance of having a
DUI lawyer represent you. More to the point, when a DUI attorney represents you, often times charges
or penalties can be considerably reduced or even dismissed in total before you ever get to the point in
time when you need to consider pleading guilty.
10. Can a person convicted of a DUI get a lower fine?
No. The fines are mandatory, and the judge has to impose them.
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