DUI means Driving Under the Influence of drugs or alcohol, which can differ from Driving While Intoxicated or Impaired (DWI). Depending on the state, DUI and DWI may be classified as separate crimes, with DUI typically being the lesser charge as determined by your blood alcohol concentration or content (BAC). Regarding BAC — in every state except Utah — you cannot legally operate a vehicle with a blood alcohol concentration at or above 0.08%. Utah’s limit is 0.05%.
When the police have determined that you are driving under the influence and arrest you, it is unlikely that you will be able to talk your way out of it. Let’s take a look at 5 things you should do during and after a DUI arrest.
Being respectful goes a long way. If an officer or officers suspect you are impaired, and decide to open an investigation into the potential operation of a vehicle under the influence, it is important to comply with their commands. This may include a field sobriety test and a breathalyzer test. If they determine you are impaired, you will be placed under arrest.
This is your right, as the arresting officer will inform you upon being cuffed. Any evidence or alibis in defense of your innocence should only be shared with an attorney. Remain silent if you are questioned by officers about your DUI arrest. Talking to officers without your lawyer is never recommended.
In states like California — to avoid an automatic suspension of your license — you must request a DMV Administrative Per Se hearing within 10 days of your arrest.
After being charged with a DUI, you will want to set up a consultation with an experienced DUI attorney. These consultations are usually free, and they can help to answer any questions you may have, as well as ease your mind regarding what to expect from the impending legal proceedings. If you decide to retain a lawyer and are advised to plead not guilty, you and your attorney will need to build your case.
This includes compiling evidence in your favor and identifying witnesses who can attest to your minimal — if any — consumption of drugs and alcohol prior to the arrest. During this time you will want to listen to your lawyer and stay out of trouble. Good behavior in the interim can go a long way with leniency from the district attorney. Continuations and potential, necessary motions may be filed by your attorney, and the resolution of your DUI case could take a year or more.
If you are facing a DUI charge, remember that there are attorneys who specialize in DUI cases ready to help. Contact the dedicated team at Stone Canyon Law for a first class consultation and expert legal advice. With results-driven representation tailored to your legal situation, you can relax knowing that your case is in the hands of strategically efficient and experienced attorneys who care.
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