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"?

DUI is an abbreviation for "driving under the influence" of alcohol or any substance or chemical that impairs a person's driving ability.

For adults who are 21 and older, it is illegal to drive with a blood or breath alcohol content (BAC) of .08 or higher and for "minors" who are under the age of 21, it is illegal to drive with a blood alcohol content (BAC) of .02 of higher.

It is worthy of note to emphasize the fact that driving while adversely affected by alcohol or drugs, or both is illegal in all 50 states.

Why do I need a DUI Lawyer?

If you have been charged with DUI, it is advisable for you to get advice from a DUI attorney in your area right away.

By doing this, you will know what to expect when you appear in court.

Generally, criminal DUI cases tend to move fairly rapidly through the court system and unfamiliarity with the deadlines and procedural requirements could harm your case.

With this in mind, it clearly makes a lot of sense to hire a DUI lawyer for your drunk driving case.

A DUI attorney will see if there's a way to get your case dismissed, and if this is not possible, your DUI lawyer will be focusing on what viable defenses there are to winning your case.

Drunk driving attorneys work in the area of defending DUI cases. DUI lawyers understand the many different and complicated issues involved and may be able to fight to have charges significantly reduced or even dismissed.

Due to the complexities involved in a DUI offense, why would you want to try to defend yourself when your freedom is at stake?

In a word, under the circumstances it would appear to make a lot of sense to hire a DUI defense attorney to fight for your legal rights.

Every state now has strict DUI penalties in place to prevent people from drinking and driving. Examples of such penalties include the following:

  • Probation

  • The installation of an ignition interlock device

  • Jail time

  • Vehicle impoundment

  • Community service

  • Substantial fines and court fees (sometimes in excess of $5,000.00)

  • A suspended driver's license

  • Mandatory alcohol education classes (at your expense)

Even for a first DUI conviction, you could lose your driver's license, experience insurance coverage problems, face the loss of your job, and experience possible restrictions on your interstate and international travel.

The good news, however, is that you can quite possibly avoid all or most of these penalties by hiring a DUI lawyer.

Will I be able to get my DUI case dismissed because I was not read my rights?

Probably not. Based on a review of the facts and the details of your DUI case, however, it is possible to challenge the admissibility of the police officer's statements depending upon when they were given in relation to your stop and/or arrest.

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%, will 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.

If I am arrested for DUI, should I hire a lawyer?

If you want to contest your DUI charges, you should consider hiring a DUI lawyer.

Furthermore, if you are charged with a felony DUI, you should definitely consider being represented by a DUI attorney.

DUI legal proceeding are very complicated and almost always require the employment of a DUI attorney in order to obtain the best possible legal results. 

If my license is suspended for DUI, 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.

Does a person who received a DUI have the right to challenge his or her license suspension?

Yes, you have the legal right to challenge your license suspension due to a DUI or another traffic violation and you may request a hearing regarding the suspension of your license by taking your notice of revocation to your local DMV.

If you request a hearing, you will be given a temporary driving permit that will allow you to drive until the hearing date.


What is the difference between a license revocation and a license suspension?

In basic terms, if your license has been revoked, you are usually ineligible for driving privileges for work or any other driving privileges.

A suspension, on the other hand, typically results from getting too many points. Under this scenario, you are usually eligible for limited driving privileges for school, medical purposes, and for work.

I received a DUI conviction. How long can my license be suspended?

In a DUI situation, your license can be suspended from 90 days all the way to 4 or more years.

The different suspension times depend on prior offenses, your blood alcohol level, if a traffic fatality resulted from your DUI, if a child 15 years old or younger was in your vehicle at the time of your DUI arrest, if you refused to submit to a chemical or alcohol test, and so on.