What is Driving Under the Influence?
In a nutshell, operating a vehicle or other device used to transport while "impaired" by or "under the influence" of alcohol and/or drugs.
Can I drink alcohol and ride my bicycle home without fear of criminal charges?
Sadly, no. You can be arrested for Biking Under the Influence as well.
Can I be charged with DUI because I'm driving and taking prescription medications?
Absolutely. The law allows the State Attorney to argue impairment, even if that alleged impairment is "caused by" the use of prescription medication.
If I'm stopped for speeding or some other traffic citation, can the police officer make me perform field sobriety tests?
No. The officer must have Probable Cause that you are under the influence to detain you. In addition, you are not legally required to take these "tests." Most officers have already made up their mind to arrest you when they give FSTs. That is why this is a great reason to meet with one of our DUI Defense Attorneys. In a case like this one, your DUI Attorney will review your facts to see if we can keep the State Attorney from using certain evidence against you in a DUI case.
When do I start looking to hire my DUI Defense Attorney?
Monday morning or as soon as possible!
Do I still need to hire a DUI Defense Attorney if I blew under .08?
We would! The State Attorney can still proceed with this evidence even though you did not blow over .08. Again, Most DUI Defense Team will strategize with you to discuss an affirmative plan of action to protect your rights and your driving record.
Do I still need to hire a DUI Defense Attorney if I blew over .08?
Again, absolutely. At times, there are mitigating circumstances that your DUI Defense Attorney can use to help you.
Can I still drive after I am charged with a DUI?
It depends. If you refused to consent to the breathalyser test, or you blew over the legal limit, your license will be suspended by the Department of Highway Safety & Motor Vehicles within 10 days. However, your DUI Defense Strategy will include fighting that suspension and will assist in helping you obtain a hardship license. Be Aware that you only have 10 days!
Can I go to Jail?
In Criminal Court, you could receive up to 1 year in county jail for a DUI conviction. You could receive prison time depending on the charges and facts in your case.
What is the officer looking for when s/he suspects DUI?
Some of the typical "signs" of intoxication that police look for are:
* Red, watery, glassy or bloodshot eyes
* Odor of alcohol on breath
* Red or flushed face
* Slurred Speech
* Disorientation
* Inability to perform simple tasks when directed
* Staggering, lack of balance
* Inappropriate attitude / argumentative
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