Frequently asked questions

What is a DUI?

DUI stands for driving under the influence of alcohol or drugs. Sometimes referred to as DWI or OWI in some states, it is illegal in all 50 states to operate a vehicle with a blood alcohol level over .08%. It is possible however to be convicted of DUI with a BAC under the federal limit.

What is BAC (blood alcohol content) and how is it measured?

BAC (blood alcohol content or blood alcohol concentration) can be measured by blood, breath, saliva or urine testing. Generally the test is administered immediately after being stopped under the suspicion of DUI. Blood testing is the only true way to determine BAC but the other testing methods are able to approximate. The breathalyzer is the most common form of field test and often presented as powerful evidence in your case. A breathalyzer doesn't actually read the amount of alcohol in ones blood, rather, is measures the amount of alcohol being passed from the lungs and uses a specific ratio to calculate the BAC. The 2100:1 ratio used applies to the "average person" which means that there are variations among the population. Some people will have a lower ration like 1700:1 while others will be higher, as much as 2400:1. This range of results is why the breathalyzer tests are often challenged by DUI attorneys.

Do I have to submit to a Breath Test?

If you are pulled over on suspicion of DUI and the offer proceeds to administer the breath test, you're best bet is to take it. Failure to take a breath test will result in automatic driver's license suspension in most states and your lawyer won't even be able to challenge it. In most states, refusal to take the test is consider presumptive evidence against you and in addition to making your case harder to fight, there may additional civil or criminal sanctions.

Should I just plead guilty if my BAC tested higher than .08%?

No. There could have been an error in the testing process that may discovered by your attorney. If you simply plead guilty, your DUI lawyer loses the options of dismissal or reduction of charges against you. Alcohol testing is not always accurate. Faulty machinery or improper testing methods are always a possibility. Any flaw in the testing could mean less penalties for you or even complete dismissal of charges.

I only tested as .07%BAC, why am I still charged with DUI?

A DUI arrest may occur at any blood alcohol level if the arresting officer's observations of your field test or driving patterns shows loss of control. If you lack balance and coordination in the tests, or if you were speeding, weaving or crashed up, the officer can arrest you with no reference to your blood alcohol level.

I only smoked a little marijuana, why am I being charged with DUI?

In some states like California, DUI can be charged for more than just alcohol. Suspicion of driving while intoxicated, even from marijuana, is proper grounds for a DUI charge.

I was pulled over for speeding, how can I be charged with a DUI?

Even if speeding is the offense you are pulled over for, a DUI charge may be filed if the officer suspects you have had too much to drink. If either by your own admission or by the smell of drugs or alcohol the officer determines you are intoxicated, you will be arrested regardless of the original reason for the stop. You won't generally even see the speeding charge on your paper work as it's a lesser infraction than DUI, but the speeding will be noted in the police report.

If the arresting officer doesn't show up to my initial court date, will the DUI be dropped?

No, this isn't a simple traffic infraction; it's a misdemeanor. The initial court date will be the arraignment and the officer will not actually be present. It is possible in fact that the police officer never be present until the date of the trial if ever.

If the police spelled my name wrong on my citation, will my charged be dropped?

No. A simple error like this will not result in the dismissal of your case.

Will prior DUI convictions in other states affect my case?

In most cases, yes. If the law in the other state is similar to the law in the offending state, the previous DUI can be used against you which increases the penalties imposed.

Why should I pay for a DUI lawyer when I can get a Public Defender for free?

You must qualify for the use of a public defender by showing that you cannot afford to hire your own legal counsel. While public defenders are respected legal professionals, your case will only be one of the many they are working on. Hiring your own DUI lawyer means you have an experienced legal professional dedicated to ensuring you find justice. Your own DUI attorney will provide the best possible investigation and defense for your DUI case.