DUI info

[bigkarch]

Drunk Driving FAQ
Answers to your questions on legal limits, chemical tests and hiring a lawyer in the event you're charged with driving under the influence.

How drunk or high does someone have to be before he can be convicted of driving under the influence?
In most states, it's illegal to drive a car while "impaired" by the effects of alcohol or drugs (including prescription drugs). This means that there must be enough alcohol or drugs in the driver's body to prevent him from thinking clearly or driving safely. Many people reach this level well before they'd be considered "drunk" or "stoned." States vary as to the blood alcohol content (BAC) level that constitutes a DUI (driving under the influence) or DWI (driving while intoxicated).

How can the police find out whether a driver is under the influence?
Police typically use three methods of determining whether a driver has had too much to be driving:

Observation. A police officer will pull you over if he notices that you are driving erratically -- swerving, speeding, failing to stop or even driving too slowly. Of course, you may have a good explanation for your driving (tiredness, for example), but an officer is unlikely to buy your story if he smells alcohol on your breath or notices slurred words or unsteady movements.
Sobriety tests. If an officer suspects that you are under the influence, he will probably ask you to get out of the car and perform a series of balance and speech tests, such as standing on one leg, walking a straight line heel-to-toe or reciting a line of letters or numbers. The officer will look closely at your eyes, checking for pupil enlargement or constriction, which can be evidence of intoxication. If you fail these tests, the officer may arrest you or ask you to take a chemical test.
Blood-alcohol level. The amount of alcohol in your body is understood by measuring the amount of alcohol in your blood. This measurement can be taken directly, by drawing a sample of your blood, or it can be calculated by applying a mathematical formula to the amount of alcohol in your breath or urine. Some states give you a choice of whether to take a breath, blood, or urine test -- others do not. If you test at or above the level of intoxication for your state (.08 to .10 % blood-alcohol concentration, depending on the state), you are presumed to be driving under the influence unless you can convince a judge or jury that your judgment was not impaired and you were not driving dangerously. Defense attorneys often question the validity of the conversion formula when driver's alcohol levels are based on breath or urine tests.

[bigkarch]

Do I have to take a blood, breath, or urine test if asked to do so by the police?
You may refuse to take a chemical test (blood, breath, or urine), but almost every state has a so-called "implied consent" law, and, under such laws, a refusal can result in suspension of your driver's license from anywhere between three to 12 months. (This is true even if you're eventually found not guilty of the current drunk driving charge.) Further, if your drunk driving case goes to trial, the prosecutor can tell the jury that you wouldn't take the test, which may lead the jury members to conclude that you refused because you were, in fact, drunk or stoned.

If I'm stopping for driving under the influence, am I entitled to talk to an attorney before I decide which chemical test to take?
The answer depends on where you live. In California, for example, you don't have the right to speak with an attorney first. But some states, including Arizona, allow you to talk to your lawyer before you take a chemical test.

If I'm stopped for driving under the influence, can a police officer ask me questions without reading me my rights?
Sometimes. The answer depends on whether or not you are in police custody -- that is, whether you are subject to the restraints common to a formal arrest. For example, the U.S. Supreme Court has ruled that the police do not have to provide Miranda warnings during roadside questioning of a motorist detained pursuant to a traffic stop. Thus, roadside questioning about your drinking, drug-taking, or performance on field sobriety tests does not constitute "custodial interrogation." However, once you are arrested -- or restrained by the police in a manner consistent with arrest -- you must be read your Miranda rights.

I've been charged with drunk driving. Should I get a lawyer?
Defending against a charge of drunk driving is a tricky business. Defenders need to understand scientific and medical concepts, and must be able to question tough witnesses, including scientists and police officers. If you want to fight your drunk driving charge, you're well advised to hire an attorney who specializes in these types of cases.

On the other hand, these days it's hard to "win" a drunk driving case, assuming the police gathered some physical evidence against you (results of a breathalyzer, blood test, or urine test). And the punishments for DUI are pretty standard. If you were truly guilty, it's unlikely that a lawyer could get you any better of a deal or plea bargain than you can get for yourself.

I was pulled over at a roadblock and asked to wait and answer a police officer's questions. Is this legal?
Yes, as long as the police use a neutral policy when stopping cars (such as stopping all cars or stopping every third car) and they minimize any inconvenience to you and the other drivers. The police can't single out your car at a roadblock unless they have good reason to believe that you've broken the law.

[H Bomb]

awesome info as always BK

[Growinboy]

All good info- in a nutshell- dont FUCKING drink and drive- you may not get caught every time, but when you do youre up shit creek...

[samax64]

Here a question for you do you have to do the Sobriety tests ??? Say you decline to do them then do they have probale cuase to give you the breath a lizer ???? If you don't speak to them other then what is nessary you don't have to answer there question if you choose not to do you????

[bigkarch]

Miranda does not apply during a DUI test..if you refuse to do the field sobriety tests, they will take you in for a forced blood draw...DMV will suspend your license for one year no questions asked...

A DUI is actually a hard one to beat......especially with your license as they dont care if you were found guilty or not...they are a separate entity and can
suspend your license...

A dui is like none other...if a cop feels you are intoxicated while driving, he/she has the authority to force a blood draw if you dont cooperate...in no other law or precedence does a cop have that much authority......

so dont drink and drive..even the US Supreme court backs that up

[Growinboy]

At times, there are even good reasons to decline the sobriety tests... The day after heavy squats I always walk funny, lol... As BK says, its all up to the cop, If you have had a couple and get stopped, speak clearly, look the officer in the eye, and try to be polite...

[VinnieVegas]

Always do the sobriety tests. If your town/state uses the breathalyzer get a good lawyer and you'll be ok. If they use the alcotest your F'd!

[mustanglifter]

What if they place you under arrest for dui....as of you blowing over .08 on the street..if they dont read you your miranda rights......then what?

[VinnieVegas]

The street BA is not the final word. You will have to go back to the station and blow again, at which point you will most likely be read your rights and have to sign them as well.

[snow4days]

If your pulled over and been drinking and the cop says " how much have you had to drink today?" reply to the officer that you have had NOTHING to drink. If you say that you have had even just 1 or 2, that gives the cop probable cause to get you out of the car. The cop has to have probable cause to give a field sobriety test. Smelling like alcohol though is enough though. I am not condoning driving drunk at all, but if you get pulled over and you know you are probably over the limit, say you have not been drinking and if they insist on field sobriety, turn it down and go spend the night in jail. They have absolutely no proof you were drinking. Just hope you are not in a state where they can force you to give a blood sample. A lot of states are starting to put this into law.

[VinnieVegas]

Not true SnoforDays. They don't need to smell alcohol to get you out of the car. Glassy/watery/ red eyes are enough. Slow and Stuttering words are also key. And as in most states they can get you out of the car for any reason. PC only pertains to searching the vehicle. Every state has implied consent, so if you don't blow on a BA your getting hit with refusal.

[Dilaudid]

Yep... not sure where your from s4d but here in Pa for as long as I can remember if you refuse the blood test it is an automatic loss of license for a year. Cops don't need probable cause where I am from to give field sobriety tests.
Also in the city here they don't even use the breathalyzer tests as they don't hold up in court. That's why they make you get blood tests and if you refuse you lose your license. No ifs ands or buts.... it's an automatic guilty plea basically...

[snow4days]

At least here in Texas they do need probable cause to ask you to do field sobriety. I know because I got pulled over and my lawyer fought the license suspension for not blowing because there was no probable cause and I won. The officer strangely enough had no sense of smell and I said I had not been drinking and my eyes were irritated from my contacts and being on the lake all day. Maybe it was a technicality but this was my experience. They just passed the law where they can force you to give blood now, but they still have to have the initial probable cause to ask you for breathalyser or blood and field sobriety tests.

[Growinboy]

You may be talking about probably cause for stopping your car in the first place... a regular traffic violation is enough, speeding, broken headlight, etc.. If he stopped you just because he thought you were drunk, thats much more difficult- each state has guidelines they give- so many times crossing the center line- things like that- that give probably cause for stopping you... PC for field sobriety is pretty simple once they have a legit stop- else the cop was a dumbshit... entirely possible!