DUI Frequently Asked Questions
What is driving under the influence (DUI)?
Driving under the influence is legally defined as driving while impaired
by drugs and or alcohol; and/or driving with a
blood alcohol concentration of 0.08% or higher.
What are the legal penalties for DUI?
The penalties for DUI convictions vary and will depend upon several factors.
If a person is convicted of DUI, he/she may be sentenced with jail time,
monetary fines, DUI School, community service, probation, and driver’s
What are Miranda Rights?
Once a person is placed under arrest, he/she must be read his/her Miranda
Rights by law enforcement. Miranda Rights inform a person of his/her right
to remain silent, right to an attorney, and right to have an attorney
appointed to him/her.
What is Blood Alcohol Concentration (BAC)?
Blood alcohol concentration (BAC) refers to the amount of ethyl alcohol
that is present in a person’s blood stream. A person’s blood
alcohol concentration can be determined through the administration of
a breath, blood, or urine test.
What happens if a person’s BAC is 0.08% or higher?
If a person’s BAC is 0.08% or higher, his/her driver’s license
will be confiscated by law enforcement, and he/she will be given a temporary
driver’s permit. This permit will allow the person to drive for
up to 30 days. After the 30 day period, the person’s driving privileges
will be automatically suspended.
What are Field Sobriety Tests (FST)?
Field sobriety tests (FST) are agility tests that are used by law enforcement
to determine if a person is impaired by drugs and/or alcohol. If a person
is believed to have been driving while under the influence, law enforcement
may request that the person perform a series of field sobriety tests before
deciding to make a DUI arrest.
What is the 10 Day Rule?
After a person has been placed under arrest for driving under the influence,
he/she will receive a temporary driver’s permit that will allow
him/her to drive for 30 days. From the date of the person’s arrest,
he/she has 10 days to schedule a DMV Hearing to contest the suspension
of his/her driver’s license. If the person does not schedule a DMV
Hearing, his/her driving privileges will remain suspended.
Why Hire a DUI Attorney?
If you have been charged with DUI, it is important that you hire a skilled
DUI Defense Attorney. A DUI attorney has the training, knowledge, and experience it
takes to successfully contest your DUI charges. By hiring a DUI Defense
Lawyer, you ensure that your rights and best interests will remain protected
throughout the criminal case process.