Drunk Driving - Frequently Asked Questions
What is Driving Under the Influence (DUI)?
A person is guilty of DUI when in actual physical control of a motor vehicle and under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her Blood Alcohol Level (BAC) is above the legal limit for the state.
Does the car have to be moving for me to be guilty of DUI?
No, you can be arrested by driving while over the legal BAC in your state or while impaired, however, you need not actually operate the car in order to be arrested. You may be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. Simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in "actual physical control" of the car.
Is it possible to be in trouble for driving, even if my BAC is below the legal limit?
Yes, it is unlawful to drive with your "normal faculties" impaired. "Normal faculties" are those faculties of a person, such as the ability to walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, etc.
Do I have to submit to a breath, blood, or urine test?
No, however, refusing these tests are not a good idea. Laws of the vast majority of states permit the motor vehicle department to suspend your privilege to drive. Furthermore, the refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of your consciousness of guilt. By accepting the privilege extended by the laws of most states to drive, the courts have determined that you have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining your BAC, and to a urine test for the purposes of detecting the presence of drugs. You have agreed to take the test when you signed your name on your license.
Once arrested for a DUI, must I forfeit my license?
Yes, the law enforcement officer will seize your license if you are arrested for DUI, with an unlawful BAC or after you refused to submit to a chemical or physical test. Your license will be seized, and the officer will issue you a traffic ticket, which acts as both a temporary driver's license and as your notice of suspension.
What is the duration of the suspension of my license?
It varies from state to state, however, if you refused to submit to a chemical or physical test, your license will likely be suspended for a period of one year for a first refusal. It will be suspended for eighteen months if you have previously refused to submit to such a test. If you have unlawful BAC, your driving privilege will likely be suspended for six months for a fist offense, and one year for a second offense.
What else will happen to me?
Again, it varies from state but more than likely you will be given a jail term. The vast majority of states require a mandatory one-night stay on the first offense. In addition, most second offenses within five years result in a mandatory thirty day jail term and a third offense usually results in a sentence of no less than ninety days. Furthermore, your insurance company may discontinue its coverage or at the very least, assign you to a high-risk category, resulting in a substantial increase in premiums.
Can I fight my DUI arrest?
Yes, you may request a review of the driver's license suspension by the department of motor vehicles within a specified number of days following you arrest. At a formal review, the hearing officer is authorized to administer oaths, examine witnesses and take testimony. If you request an informal review hearing, it shall consist solely of an examination by the department of the written materials submitted by the arresting officer, as well as anything you wish to submit. You generally cannot attend an informal hearing.
Is there anyway to avoid a DUI?
Not really. Call a taxi, designate a driver, walk, call a friend, but don't drive drunk.