DUI lawyers handle cases arising from an arrest in which two conditions are alleged:
- The defendant was driving or operating a motor vehicle.
- The defendant was impaired or under the influence of alcohol, drugs or intoxicating fumes, or the defendant was driving with an open container of alcohol in the vehicle.
DUI lawyers handle cases arising from an arrest in which two conditions are alleged:
- The defendant was driving or operating a motor vehicle.
- The defendant was impaired or under the influence of alcohol, drugs or intoxicating fumes, or the defendant was driving with an open container of alcohol in the vehicle.
If someone dies as a result of an accident involving alcohol or drugs, the motorist will likely be charged with vehicular homicide. Drug- and alcohol-related crimes can be either a misdemeanor or a felony (sometimes called an aggravated felony), depending on state law and severity of the crime. Convictions remain on your record for life, so you must seek counsel from a competent DUI lawyer who will ensure that your rights are fully protected.
Drinking and driving is not a crime. Driving while impaired or under the influence of alcohol is a crime. In fact, drunk driving is the leading crime in America, but the multitude of acronyms for this and similar crimes is overwhelming. The most common include:
- DUI – Driving under the influence of drugs, alcohol, or intoxicating fumes.
- DWI – Driving a motor vehicle while intoxicated.
- OUI – Operating under the influence of drugs, alcohol or intoxicating fumes.
- OWI – Operating a motor vehicle while intoxicated.
Whatever the acronym, convicted motorists risk license suspension or revocation, fines, and possible jail sentences for this criminal offense. Convicted motorists also face higher insurance premiums and reduced employment opportunities. International travel can be restricted. Some countries deny admittance to convicted criminals.
If You're Pulled Over
- Above all, remain calm and polite. Make eye contact with the officer.
- Hand the officer your license, registration and insurance card or papers.
- Give the officer no details, except your name and address, if requested.
- Refuse a Field Sobriety Test.
Everything beyond this varies by state. In some states, refusal to submit to a breath, urine or blood test can mean automatic arrest and conviction. In some states, you can refuse the tests if you have not been arrested. In some states, you can speak with a DUI lawyer before being arrested. In other states, you must be arrested before consulting a DUI lawyer.
Many states have enacted a per se law. If your blood alcohol level exceeds the maximum permissible level, you will be convicted of the crime automatically. You MAY be convicted of the crime even if your blood alcohol level is below the state maximum level if the state can prove that you were impaired.
If You Drink and Drive
If you drink and drive on occasion, you risk being pulled over after you've consumed alcohol. The time to learn your rights and responsibilities is before you're pulled over. Because conviction of a DUI results in lifetime consequences, consult a competent DUI lawyer before you drink and drive again. He or she will explain the intricacies of your state law, what you must do if the police pull you over, and what you can refuse to do. In this case, an ounce of prevention may save you from a lifetime of embarrassment and frustration. |
