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Frequently Asked DUI Questions – Part 1

Written by David O
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Frequently Asked DUI Questions – Part 1

Do you have DUI questions?  Take a look at our most frequently asked DUI questions and hopefully you may find the answer you have been looking for!

Frequently asked DUI questionsCommon DUI Questions and Answers

  1.  Is a DUI and a DWI the same charge or is it a different charge?  A DUI (driving under the influence) and a DWI (driving while intoxicated) are different names for the same charge of driving a motor vehicle while under the influence of alcohol and/or drugs.
  2. Can I be charged with DUI if I have a BAC (blood alcohol concentration) under the legal limit of 0.08?  Yes, an enforcement officer can charge an individual with DUI if the officer believes that person’s driving was impaired by alcohol, even if their BAC level is below 0.08.
  3. Can I be charged with DUI if I took legally prescribed medicine and drove shortly thereafter?  Yes, an individual could be charged with DUI if their driving was affected by prescribed medicine.  Additionally an individual could also be charged with DUI if their driving was affected by sniffing glue, smelling toxic fumes, cough syrups, etc.
  4. Are the DUI field sobriety tests mandatory?  No, the tests are not mandatory.  The field sobriety tests are voluntary, it is up to the individual to take the tests or not take the tests.  The tests are very difficult, the DUI attorneys at David O Defense recommend NOT to take the tests.
  5. Is the portable breath test mandatory?  No, blowing into the breathalyzer is not mandatory.  The portable breath test is voluntary, it is up to the individual to take the test or not.  The DUI lawyers at David O Defense recommend NOT to blow into the portable breathalyzer.
  6. Is the breath test at the police station mandatory?  No, blowing into the breath test machine is voluntary, it is up to the individual to take the test or not.  However, if a person does not blow into the breathalyzer there will be consequences, for example, the refusal could be used against that individual at trial and loss of license for at least one year.
  7. Will an individual go to jail on the night of their DUI arrest?  Taking a person to jail is up to the arresting officer.  If a person is highly intoxicated the officer is more likely to take that person to jail or the hospital.  Or if a person has a past DUI conviction than the officer is more likely to take that person to jail.

 

Frequently Asked DUI Questions – Part 2, coming soon.

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You Know You Drank Too Much Alcohol If…

Written by David O
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You Know You Drank Too Much Alcohol If…

Have you ever been out with friends and you swore to yourself you would only throw back a few beers or only enjoy one or two frosty beverages. You may have entered the evening with the best intentions to limit your alcohol intake, but the night was young and the party was hot so you had a few more drinks. Now your wondering if you’ve gone overboard and perhaps you enjoyed too many finely crafted brews. Well, wonder no more, if you have any of the following symptoms or find yourself in one of the following situations than you know you drank too much alcohol.

You know you drank too much alcohol if…

  • you think you’re good at singing and know all the words to every song
  • you believe your dance moves are the best anyone has ever seen
  • your mascara has run down your face, past your lips
  • you keep introducing yourself to the same person over and over again
  • you’re hugging everyone; the hugs keep rolling out even to strangers
  • you’re missing a shoe or high heel
  • you’ve fallen off your bar stool for a second time
  • you’ve eaten so much, you should hold a world record eating title
  • you pet someone’s fur coat thinking it’s a dog
  • the next morning you see left over fast-food bags in your car

drank to much alcohol

You know you’ve drank too much alcohol if..

  • you try to do high kicks or run sprints
  • you wake up to a police officer knocking on your car window
  • you have double vision and you believe every person has a twin
  • the next day your friend sends you a picture of yourself sleeping in a restaurant booth
  • you challenge someone to a breakdance competition and you don’t breakdance
  • you find your own jokes to be super funny
  • at a later date you find a video of yourself dancing on the bar top
  • you think you know the meaning of life
  • you think your nose is a musical instrument
  • you fall asleep standing…

And the list can go on and on!

 

Please Note:  This list is for fun and for laughs, by no means should it be used to evaluate how intoxicated an individual is.  Nor should it be taken seriously!

 

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Physical Control DUI – Q&A

Written by David O
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Physical Control DUI – Q&A

Physical Control DUI – Questions and Answers

  • Q1. What is a physical control DUI charge?
    • A1. A physical control DUI charge is given to someone that a law enforcement officer believes is under the influence of alcohol or any drug and the person has “actual physical control of a vehicle..”
  • Q2. How is a physical control DUI charge different from a standard DUI charge?
    • A2. In the case of Physical Control DUI, the officer did not observe the person driving prior to starting the investigation.  In the case of the standard DUI, the officer usually observes the person driving prior to initiating a DUI investigation.
      • A Few Examples of Physical Control DUI
        • A law enforcement officer approaches an intoxicated person that is passed out in the drivers seat of istock photo downloaded for physical control DUI blogtheir parked car.  If the officer believes they recently drove their car or they are intending to, the officer could charge that individual with physical control DUI.
        • A law enforcement officer finds an intoxicated person pulled over and parked safely on the side of a highway.  The officer could charge that individual with physical control DUI even though the officer never saw actual driving.
        • A law enforcement officer approaches a person pulled over on the side of the road working on repairing a flat tire.  If the officer believes that person is drunk or under the influence of drugs, they may be arrested and charged with physical control DUI.
      • A Few Examples of (a standard) DUI
        • A law enforcement officer see’s a driver on the freeway  driving erratically and swerving between lanes, they pull the driver over and if they believe they are drunk driving then they will be charged with DUI.
        • A law enforcement officer observes a driver fail to signal while making a turn.  If the officers believes the person is under the influence than they will be charged with DUI.
        • A law enforcement pulls someone over for speeding and the officer believes they are under the influence, they will be charged with DUI.
  • Q3. Are the penalties less harsh for physical control DUI when compared to a standard DUI?
    • A3. The penalties for physical control DUI and DUI are the same.  If you plead guilty to physical control DUI or if you are found guilty at trial you will be subjected to the same penalties as those guilty of DUI.
  • Q4. Are there any defenses for a person charged with physical control DUI?
    • A4. Yes, there are two defenses. The first defense is proving that the person was “safely off the roadway” and the second defense is to prove the consumption of alcohol or drugs occurred after driving.

If you have charged with physical control DUI, give our experience defense attorneys a call, (206) 459-6392, to schedule a free, no obligation consultation where you can discuss the details of your case.

 

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