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!
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.