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What is
DUI?
DUI is shorthand
for "Driving Under the Influence." A person is guilty of DUI
if he or she drives or is in actual physical control of a motor vehicle
and is 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 for DUI by driving while over the legal BAC in
your state or while impaired. But, you need not actually operate the car
in order to be arrested. You can still 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. In other words, 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.
Can I
still be in trouble for driving, even if my BAC is below the legal limit?
Yes. It is also 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 judgements, act in emergencies, etc.
Do I have
to submit to a breath, blood, or urine test?
No. However, refusing such tests is generally not a good idea. The laws
of most states permit the motor vehicle department to suspend your privilege
to drive. In addition, your 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 you 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. Therefore, when you sign your name on your license,
you are saying that if stopped for a possible DUI, you will accept to
take the test.
If I am
arrested for a DUI, will I lose 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.
How long
will I lose my license?
This will vary from state to state. However, if you have 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, or for eighteen months if
you have previously refused to submit to such a test. If you have an unlawful
BAC, your driving privilege will likely be suspended for six months for
a first offense, and one year for a second offense.
Drunk Driving Defense - the "right to drive" is a privilege
which is governed by the individual states. Traffic violations are a mix
of regulatory and penal (criminal) offenses based on violations of state
statutes and city ordinances relating to the operation of vehicles, specifically
driving under the influence of alcohol or other substances that impair
the ability to drive.
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