DUI Information
Driving under the influence (DUI) or driving while intoxicated (DWI) is considered a criminal offense in all 50 states and the District of Columbia. Attempting to operate any vehicle under the influence of alcohol or drugs is extremely hazardous to both the driver and others with whom he or she may come in contact. Due to the seriousness of the offense, many laws are in place both to prevent drunk driving and to protect and rehabilitate those arrested.
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What is DUI
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The legal definition of "DUI" (driving under the influence) is "operating a motor vehicle while one's blood alcohol content is above the legal limit." This statute is decided by state---it may range from a .08 blood alcohol content to a .10. People operating a motor vehicle under the influence of alcohol are subject to legal penalties even on private property. In some states, even sitting in a vehicle that has a key in the ignition is considered an offense due to the probability that the person will attempt to drive; however, this offense usually carries significantly fewer penalties than DUI.
Before an Arrest
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A police officer must provide a sobriety test to determine whether or not a driver is actually intoxicated. Standardized Field Sobriety Testing is a series of three consecutive tests---standing on one leg, walking and turning, and following a flashlight with one's eyes---to determine whether a suspect's blood alcohol content is likely above the legal limit. A "breathalyzer" test uses a device that determines a person's blood alcohol content. Any combination of tests may be used before an arrest is made.
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Getting Arrested for DUI
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When a suspect is arrested, a police officer will recite the Miranda Rights and will usually confiscate the driver's license. A notice of suspension and license revocation is submitted for review to the Department of Motor Vehicles. The DMV then works to determine whether the arrest was valid, and an administrative review decides whether to uphold the charges.
DUI Penalties
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Every state has minimum mandatory penalties that are leveled against people who drive under the influence. In most states, this includes a license suspension for 90 days, and civil fines or jail time. Civil fines are usually at least $300, but may reach up to $5,000 for a first offense; similarly, jail time for a first offense can range from probation to a 6-month stay in prison. Penalties vary widely from state to state, and are contingent upon number of offenses, blood alcohol content and damage caused. Penalties can also include a variable number of "points" on a driver's license.
Legal Rights
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A police officer must have reasonable suspicion in order to pull a vehicle over for DUI unless a checkpoint is established. It is the responsibility of a driver to explain preexisting medical conditions which may affect performance on the field sobriety tests. The right to refuse a chemical test is afforded to any driver pulled over for DUI, and the right to contact an attorney exists immediately after an arrest is made.
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