The Importance of a DUI Attorney

In all 50 U.S. states and the District of Columbia, DUI (driving under the influence) is a serious criminal offense. That charge as well as DWI (driving while intoxicated) can bring serious penalties as well. No matter what it is called, it is in fact a drunk driving charge, and drunk driving is the cause of at least one-third of all traffic accidents in the United States each year.

A DUI charge generally stems from a police officer’s observations of:

* reckless or erratic driving
* slurred speech
* results of a sobriety test

A sobriety test determines the amount of alcohol in the blood. It is also used in some states to determine the amount of drugs in the blood. If the driver is found to have a blood alcohol content (BAC) over the legal limit, which is .08 percent (.08 g alcohol per 100 ml blood) throughout the states, a DUI or DWI charge may result. Drivers under the age of 18 in most states are often charged if any amount of alcohol shows up in the breath, blood, or urine.

An officer may ask a suspected DUI driver to take a field sobriety test, which is the kind of odd-looking antics that may include standing on one foot or following an officer’s moving light. Legally, a driver in most states can refuse the field test, although the refusal may be viewed poorly in court. The chemical sobriety test, which uses a breathalyzer to ascertain the alcohol content in the blood, cannot be refused. To do so means a license suspension in all states except Nevada (see: www.SuspectedDUI).

Penalties

Although the handling of these charges differs somewhat in different states, a DUI brings serious penalties in all (see: www.DUIandDWIOverview). In most all states as well as the District, a drunk driving charge means an automatic license suspension. With a point system, the charge also incurs points against the offender’s driving record. Some jurisdictions regard DUI charges so seriously that even a first offense elicits a minimum, but mandatory sentence.

Penalties for a DUI conviction include

* fine of $300 or more and jail time of up to 30 days for a first offense; the
higher the BAC, the longer the jail time
* higher fees and longer jail time for a second offense that occurs within 15 years
of the first
* loss of license, amount of time depending on severity of the charge
* community service and a mandatory driver improvement course

Benefits of a DUI attorney

The advice given to anyone who is charged with a DUI offense is not to handle the case alone. To be charged with a DUI is to be charged with a felony, a serious criminal offense, and it is best handled by an experienced DUI attorney. A DUI lawyer who is familiar with the drunk driving laws in his or her particular state or jurisdiction can build a solid defense for the accused driver. The DUI lawyer may be able to secure the return of the driver’s suspended license. The DUI lawyer may be able to ascertain whether the BAC sobriety test was correct. In some cases, the breathalyzer may have been incorrectly administered.

No one believes that drunk or DUI drivers should be on the road. However, in many instances these accusations may be faulty or incorrectly charged, and no one should be falsely accussed of this serious felony. A DUI attorney is the best aid in any charge that involves a DUI in the United States.