Frequently Asked Questions
DUI Law
- What is DUI?
- Is there anyway to avoid a DUI?
- Can I still be in trouble for driving, even if my BAC is below the legal limit?
- Does the car have to be moving for me to be guilty of DUI?
- Do I have to submit to a breath, blood, or urine test?
- Can I fight my DUI arrest?
- If I am arrested for a DUI, will I lose my license?
- How long will I lose my license?
- What else will happen to me?
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.
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.
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.
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.
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.
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.
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.