Know Your Rights as a Tenant in California

« Back to Home

3 Commonly Asked Questions About A DUI

Posted on

A DUI charge can be a difficult experience to go through and process. No doubt, you probably have many questions about the process of receiving a DUI and what occurs in the aftermath. Throughout the course of this brief guide, you will learn the answers to a few commonly asked questions about DUIs.

Should You Hire A Lawyer?

The short answer to this question is: yes. However, considering the specificity of this incident, it pays to have an attorney that is just as specific. It is recommended that you hire a DUI attorney that understands the ins and outs of DUI related laws. For example, if the police do not have any physical evidence against you, a well reasoned and understanding attorney can plea the case down to a "wet reckless" case, which is an alcohol related reckless driving charge.

Is It Legal For A Police Officer To Pull You Over At A Roadblock and Ask You Questions?

Yes, under the right circumstances. So long as the officer is using a neutral method of picking out the people that he is pulling over, then an officer can ask you to pull over and wait while he or she prepares questions for you. This means that they have to be employing a specific method for choosing who they pull over. For example, this means that they have to be asking every driver to pull over, or every third or fourth driver to pull over. However, if they have reasonable suspicion that you are a drunk driver, then they can pull you over. For example, if the officer sees that you are swerving or driving recklessly, then they can ask you to pull over.

How Intoxicated Must You Be In Order To Receive A DUI or DWI?

If you are visibly impaired due to intoxication, then you may receive a DUI or DWI. In addition, if your BAC (Blood Alcohol Content) is over .08%, then you may receive a DUI or DWI. This makes no difference, meaning that even if you feel completely sober, or if you're entirely in control of how you are driving, the law can reprimand you with a DUI, so long as your BAC is over .08%. However, if you are under the age of 21, then your BAC cannot be over .01 or .02%, depending on the state.

Hopefully, this guide has answered some of the pressing questions you have about receiving a DUI. Contact a law firm, such as Winstein, Kavensky & Cunningham, LLC., for more information.