DUI FAQs
DUI Frequently Asked Questions
If you have been charged with DUI you need an experienced attorney who will aggressively represent your legal rights through the complexities involved in a DUI case. At Keith Barton & Associates our qualified attorneys will assist you every step of the way through the criminal process, and help you find the answers you need. Below are some of the most frequently asked questions regarding DUI charges.
- What is DUI?
- What do police officers look for when pulling someone over for DUI?
- If I am stopped by a police officer and questioned, what should I say to avoid a DUI arrest?
- What is the officer looking for during the initial detention at the scene?
- Do I have a right to speak to an attorney before I take a Field Sobriety Test?
- What is a Field Sobriety Test?
- Should I agree to take a chemical test?
- Can I request an independent blood test?
- What will happen if the officer never read me a "Miranda Warning?"
- What penalties will I face if convicted of a DUI charge?
Driving a motor vehicle while under the influence of intoxicating liquor or drugs is referred to as DUI. A person can be charged with DUI if he or she operates a motor vehicle while under the influence of any amount of alcohol or drugs, or a combination of the two, which makes the person unable to safely operate the vehicle. A person can also be charged with DUI if he or she operates a motor vehicle with a blood or breath alcohol concentration in excess of the statutory limit which is .08.
There are a number of symptoms police will look for when pulling someone over for DUI, which may include: appearing to be intoxicated, turning with a wide radius, almost striking a vehicle or object, weaving, swerving, speeding, stopping without cause, following too closely, braking erratically, slow responses to traffic signals, turning abruptly or illegally, and others. It is important to discuss your specific situation with an experienced DUI attorney.
You are only required to identify yourself and do not have to respond to any further questions. Never volunteer information and immediately make known to law enforcement that you wish any discussion to be through your attorney. Remember it is always important to be polite, but you are under no obligation to answer any questions. Whatever you say, no matter how well intentioned, can be misinterpreted and may be used as evidence against you later.
The officer will be looking for signs of intoxication which might include: flushed face, bloodshot eyes, odor of alcohol on breath, slurred speech, failure to understand the officer's questions, staggering while exiting the vehicle, instability on feet, combative or argumentative behavior, stumbling while walking, disorientation, inability to follow directions, and others. Again, it is important to discuss your specific situation with an experienced DUI attorney.
When you are in custody, the police must advise you that you have the right to speak to an attorney as soon as it is practical to do so. However, it is not always possible to contact your attorney at the detention site. Therefore, it is important to remember you do not have to take any Field Sobriety Tests. These tests are subjective and depend solely on the officer's interpretation. You have the right to refuse these tests without consequence to your driver's license.
These are tests officers use at the scene to determine levels of impairment. In most situations the officers will not ask you to perform these tests unless they either smell alcohol or drugs, or suspect DUI for another reason. These tests can include the portable breath test, the walk and turn, checking pupil dilation, and the pen to eye test. The officers may also have you estimate elapsed time. If you perform these tests there is a high likelihood that the officers will report a failure of some sort. Officers will also take note of slurred speech and appearance. There is no need to add to the evidence against you by talking too much or taking unnecessary tests. Because you are not required to submit to these tests, it is in your best interest to not to take any Field Sobriety Tests.
In most situations, the answer is yes. If you have no prior DUI offenses, you should submit to the chemical test. Failure to do so will cause you to automatically lose your driver's license, regardless of whether you are under the influence, for a much longer period of time than the DUI conviction. Not taking the test will make the DUI more difficult for the Government to prove, but for most people the loss of their driver's license is a harsher consequence than having a DUI conviction. Also, in most cases, if you refuse the breath or blood test, an officer will obtain a warrant to obtain the breath or blood sample, notwithstanding your refusal.
You should still request to speak to an attorney before you submit to any tests. If you have prior DUI convictions and your driver's license is already revoked, it may be better in your situation to refuse to submit to the chemical test. However, it is always advisable to discuss your options with an experienced DUI defense attorney to determine which option is best for you.
You have the right to obtain any independent evidence that can help prove your innocence. If you feel an independent blood test could help with your case, you can go to a hospital of your choice and request a sample of your blood for testing. The sample should be taken in a timely manner and you will most likely be responsible for payment of this blood test.
If you were not given the "Miranda Warning" after your arrest, any subsequent statements that you made in response to the officer's questioning cannot be used by the prosecution against you later in court. It is important to let your attorney know as soon as possible that you were not given a "Miranda Warning."
In most states, there is a minimum mandatory jail sentence of at least 24 to 48 hours in jail for your first DUI offense, as well as a fine which varies from state to state. The minimum mandatory jail time and fine amount increase with each additional conviction. Additionally, a DUI conviction will have implications on your driver's license. In some states you will be required to have a hearing with the Driver's License Division to determine whether or not your driver's license will be suspended and for how long. Failure to request a hearing will result in an automatic suspension of your driver's license. You should always contact an experienced attorney to help you with your specific situation.
If you or a family member have a DUI charge, you need help NOW. We are available 24 hours a day, 7 days a week to help you with your case. To discuss your specific DUI situation, contact our office at 1-800-416-8010 and you will hear back from us in 30 minutes - "It's Just That Easy".