DUI Frequently Asked Questions


Due to the fact that "driving under the influence" (DUI) is the most commonly committed crime in the United States, it is logical to conclude that many individuals have a lot of questions about this subject matter.

As a consequence of the high occurrence of DUI incidents as well as the severe ramifications that are linked to DUI injuries, accidents, and fatalities, 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 alcohol or drugs 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 individual unable to safely operate the vehicle.

An individual can also be charged with DUI if he or she operates a motor vehicle with a blood or breath alcohol concentration in excess of the statutory limit, which is .08 in all 50 U.S. states.

Why do I need a DUI attorney?

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

DUI lawyers will be able to assist you every step of the way through the criminal process and help you find the answers you need.

DUI charges require the knowledge of a DUI criminal defense attorney. Don't let the State convict you of a "drunk driving" charge when you may in fact have a viable defense.

If you have been arrested for "driving under the influence" and have a DUI charge filed against you, please think about hiring a DUI criminal defense lawyer who will try to do whatever it takes to get a favorable outcome for you.

Keep aware of the fact that what matters is not so much whether you are guilty or innocent, but if the prosecution has enough evidence to prove its case against you.

And remember, you are innocent until proven guilty beyond a reasonable doubt.

By hiring a DUI attorney, you are increasing the chances that you will experience the best possible results for your particular situation.

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

If I am stopped by a police officer and questioned, what should I say to avoid a DUI arrest?

You are only required to identify yourself and give the police officer various documents such as vehicle registration, driver's license, and proof of insurance.

In short, other than this, you do not have to respond to any further questions.

There is no need to volunteer information because no matter how well intentioned, this information can be misinterpreted and can be used as evidence against you by the prosecution.

After identifying yourself and giving the police officer the documents discussed above, make it known to the police officer that you wish any further discussion to go through your attorney.

And finally, remember to be polite. Displaying an "attitude" certainly will not help your situation.

If I am stopped for a DUI, should I undergo field sobriety testing?

Field sobriety tests frequently consist of the "pen light" test, the "one-leg stand," test, the "walk and turn" test, and other field sobriety tests.

If you are stopped by the police for a suspected DUI, you need to know that you are not required to take these or any field sobriety tests.

In fact, many DUI attorneys think that sobriety tests are invalid and lack scientific merit. 

Is there anyway to avoid a DUI?

It may sound too easy, superficial, and unrealistic but if you want to avoid a DUI arrest, then don't drink and drive.

Designate a driver, walk, call a taxi, call a family member or a friend for a ride, but no matter what, do not drink and drive.

If my blood alcohol content was under 08, won't my DUI case be dismissed automatically?

Not necessarily. The prosecutor can try to prove that you were driving under the influence based upon other evidence such as your field sobriety test scores, physical mannerisms, your driving performance, and personal appearance.

Why was I stopped and/or contacted by the police?

There are many different reasons you could have been "pulled over" by a police officer.

Some examples include the following: expired registration tags, involvement in a traffic accident, speeding, missing a front license plate, weaving in and out of traffic, having tinted windows, and driving erratically.

Someone could have also reported you to the police after seeing you leaving a party, a bar, a restaurant, or a sporting event "under the influence" and getting behind the wheel of a vehicle.

In short, there are many possible reasons why you were "pulled over" by a police officer.

If my license is suspended for a period of time, will it automatically be reinstated?

Keep in mind that driving privileges are not automatically reinstated after a suspension due to a DUI arrest.

The driver needs to complete some documentation and pay a fee before his or her driving privileges are reinstated.

If this is not done, the person's driving privileges are still considered to be suspended.

How can an "average citizen" or the public report a suspected drunk driver?

When it is safe to do so, call 911 from your cell phone when you want to report a suspected drunk driver.

If you continue to receive a busy signal when calling 911, call your local sheriff or police department to report a "suspected" drunk driver.


What is a SR-22?

Basically, a SR-22 is a form that must be filed by the insurance company to the respective state DMV stating that vehicle liability insurance is in effect for a particular person.

The SR-22 is frequently required when insurance is provided to a person who has been convicted of a traffic offense and was unable to show financial responsibility, if a judge has ordered an SR-22 for other reasons (such as a DUI), or if the person was involved in a traffic accident.