1 How is a driving under the influence (DUI) violation defined?
Driving under the influence of alcohol, according to the legal definition, occurs when your blood-alcohol concentration (BAC) is .08% or greater. Driving under the influence of drugs to the extent that it significantly impairs your driving abilities also counts as a DUI violation.
2 How are DUIs generally punished?
While the exact punishment for a DUI conviction will vary based on things like past violations and BAC level, some of the most common sentencing elements include: jail or prison terms, fines, DUI classes, a probationary period, community service, and having your driver’s license suspended for as long as 12 months.
3 What are the Miranda Rights?
The Miranda Rights are based on the Bill of Rights, but reading them to those put under arrest only became a regular part of law enforcement practice after a Supreme Court case in the 60s. The Miranda Rights include: the right to remain silent and not testify against oneself, the right to have your attorney present during questioning, and the right to a public defender if you cannot afford an attorney.
4 What is BAC?
Blood alcohol concentration (BAC) is the measurement of the quantity of ethyl alcohol in the blood stream. It can be ascertained directly via a blood test or less directly through urine or breath-analysis tests.
5 What if your BAC is .08% or more?
If your BAC is .08% or more, and police stop you and prove it to be at this level with various BAC tests, your driver’s license will be taken away, and you will be handed a temporary license in its place. The temporary license will last only 30 days, until your DUI hearing, and you will no longer be able to legally drive afterwards unless you win your hearing.
6 What are Field Sobriety Tests?
A field sobriety test (FST) is a test of your agility that is meant to determine if your driving skills have been affected by alcohol or intoxicating drugs. The tests involve walk-and-turn, one leg stand, and horizontal gaze nystagmus (eye response) elements. Failing these tests could lead officers to decide to arrest you on charges of DUI.
7 What is the 10-Day Rule?
The 10-day rule refers to the 10 days you have after a DUI arrest to schedule a DMV hearing to attempt to defeat the DUI charges. After 10 days, you lose your right to contest, and after 30 days, your temporary license expires. Doing nothing will certainly lead to your license remaining suspended.
8 Why Should You Hire a DUI Attorney?
By obtaining the services of a skilled defense attorney who specializes in DUI cases, you greatly increase your chances of getting your case dismissed or, at least, having the sentence lightened. The intricate knowledge of DUI law and the deep experience that such attorneys possess gives you a true advantage at your hearing.