Frequently Asked Questions

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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 license suspension.

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.

  • Board Certified Expert

    in DUI Defense

    Chosen as a “Top DUI Attorney” in Orange County & rated 10 out of 10 by Avvo.

    Meet Virginia L. Landry
  • Answers to All of

    Your Questions

    Visit our FAQ page to get answers to some of the most common questions.

    Read Common Questions
  • Get Help

    Immediately

    Don’t wait, time is of the essence. Contact us now for a free case evaluation.

    Get Started Today

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Law Offices of Virginia L. Landry, Inc. - Orange County DUI Attorney
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