DUI stands for driving under the influence. Every state in the United States has its own version of a DUI statute prohibiting the operation of a motor vehicle while being under the influence of alcohol or intoxicated by another substance that impairs an individual’s motor skills.
In some states, different classifications for DUI involve different substances, such as:
- Alcohol;
- Illegal drugs; or
- Over-the-counter medications.
In some states, the offense may also include different types of vehicles, for example:
- Bicycles;
- Mopeds; or
- Golf carts.
There are also other names that states may use to identify the offense of DUI, including:
- DWI: Driving while intoxicated;
- OUI: Operating under the influence; and
- OMVI: Operating a motor vehicle intoxicated.
Individuals can consult with a car lawyer if they have any issues, questions, or concerns related to a DUI and the laws in their state.
What Substances Are Included in DUI Laws?
As noted above, any substance that impairs an individual’s ability to operate a motor vehicle safely may be included in a state’s DUI laws, including legal substances. The most common legal substance included in DUI laws is alcohol.
There are, however, other substances that may be included in a DUI charge, such as:
- Illicit or illegal contraband drugs, such as:
- heroin;
- cocaine;
- PCP; and
- other drugs;
- Marijuana;
- Prescription medications, such as:
- painkillers;
- sleeping meds;
- muscle relaxers; and
- Over-the-counter medicines, including antihistamines (for example, Benadryl).
If an individual is prescribed medication with a warning stating, “do not operate heavy machinery,” it is likely that using this medication while driving may result in a DUI charge.
How Does Law Enforcement Test for Intoxication in a DUI Stop?
If an individual is stopped by law enforcement or pulled over, and the law enforcement officer suspects they are intoxicated, the officer may perform field sobriety tests.
Common field sobriety tests that are used by law enforcement during traffic stops to determine if a driver is driving under the influence include:
During a field sobriety test, a law enforcement officer requests that the driver step out of their vehicle and perform a series of activities designed to test the individual’s agility and balance. These tests allow the officer to observe the individual’s behavior and draw a conclusion regarding their possible impairment.
Tests that may be used include:
- The one-leg stand;
- The walk and turn;
- The finger to the nose; and
- Observing any odors of alcohol or other substances, such as marijuana.
Chemical breath tests may be performed at the site of the traffic stop or a law enforcement station. These tests are performed by a machine called a breathalyzer that measures the concentration of alcohol.
A driver may also request that a urine or blood test be used, as they are often the most accurate. The individual is taken to a medical professional who collects the specimen to perform these tests.
A laboratory will then test that specimen, and the results will show the level of alcohol concentration in the individual’s body.
What Is Implied Consent as it Pertains to My Driver’s License?
Every state in the U.S. has some version of implied consent laws about a driver’s license. These laws are often written on the back of driver’s licenses.
Implied consent laws provide that when an individual receives a driver’s license, they consent to future chemical testing for alcohol or drugs upon their arrest or during a DUI investigation. Chemical testing will typically include a breathalyzer test or a blood or urine test at a medical facility.
An individual may refuse to take these field sobriety tests. It is important to note that refusing to take these tests may result in additional penalties and fines, including the suspension of a driver’s license, depending on the state’s laws.
Driver’s licenses are regulated and provided by the government. If an individual does not comply with the requirements for having their driver’s license and operating their vehicle safely, the government has the right to revoke their driver’s license.
What Happens to My License After a DUI Stop?
After an individual is arrested for DUI, most states will suspend their driver’s license immediately, pending their court date. If the individual is convicted of the DUI, they may be subject to a longer suspension or even a revocation of their driver’s license.
This applies especially in cases where it is the defendant’s second offense, or they have been convicted of multiple offenses.
In addition, other restrictions may be placed upon an individual’s driver’s license, including:
- Having the license restricted to driving for work or school purposes only;
- Complying with an ignition interlock device;
- Not being able to ingest any alcohol or substance while driving, even if the amount is within the legal limit;
- Being prohibited from transporting children or other passengers;
- Prohibition of driving a vehicle for pay, such as a taxi; or
- Revocation of a secondary category of license, which may include a CDL or motorcycle license.
What Are the Penalties for a DUI?
Car lawyers specialize in fighting driving under the influence of alcohol (DUI) charges. Most individuals are familiar with the increased penalties for DUI charges that have increased in severity since the 1970s.
The penalties for a DUI may now include the following:
- Jail time ranging from a few days for the first offense to years in prison if there were aggravating circumstances;
- Criminal fines, penalties, and assessments;
- A criminal record;
- The suspension or revocation of a driver’s license;
- Vehicle impoundment;
- An ignition locking device;
- DUI school;
- Increased insurance rates; and
- Scarlet letter license plates.
What is a Car Lawyer’s Defense Process?
Like any other defense attorney, a DUI car lawyer will first investigate the facts surrounding the individual being pulled over and arrested. A defendant may have been pulled over without probable cause based on racial profiling or another unconstitutional method.
A car lawyer will invoke the 4th and 5th Amendments to protect the defendant’s rights to due process and against unreasonable searches. The DUI car lawyer will examine the facts surrounding the blood-alcohol level (BAC) reading.
For example, a BAC over 0.08 is considered to be driving under the influence in California. There are, however, many factors that may make the reading inaccurate.
These factors may include the following:
- Poor maintenance of the equipment;
- Suspect health factors; and
- Improper use of the equipment.
Like other defense lawyers, a car lawyer will get the prosecutor to dismiss the charges and drop the case, if possible. A case may be dismissed if the law enforcement officer fails to read the defendant’s rights or follow other proper procedures.
A car lawyer may also negotiate with the prosecution to try and obtain a plea bargain or a reduction in charges for the defendant.
Do I Need a Lawyer for My DUI Case?
If you have been charged with a DUI, it is in your best interests to have the assistance of an experienced DUI lawyer. Your car lawyer will review your case and advise you of the laws in your state and the possible consequences you may face.
Your lawyer will also review the reliability of any testing that was done and help preserve your rights. Your attorney will also represent you whenever you are required to appear in court.
