Everything you need to know before hiring a DUI defense lawyer.
DUI (Driving Under the Influence) and DWI (Driving While Intoxicated or Impaired) refer to the same general offense in most states. Some states use both terms to distinguish between alcohol impairment and drug impairment, or between different BAC thresholds.
Yes, but there are consequences. All states have implied consent laws — by driving, you consent to chemical testing. Refusing typically results in automatic license suspension (often 1 year or more) and can be used as evidence against you at trial.
In most states, the arresting officer confiscates your license immediately. You typically have 5–10 days to request a DMV administrative hearing to fight the suspension. This hearing is separate from your criminal case.
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Find a ContractorField sobriety tests (FSTs) — the walk-and-turn, one-leg stand, and horizontal gaze nystagmus — are subjective assessments prone to error. Challenges include improper administration, medical conditions affecting performance, uneven surfaces, and inadequate lighting.
Yes. Possible defenses include: improper traffic stop (no probable cause), breathalyzer malfunction or miscalibration, improper blood draw procedure, rising BAC defense (BAC was below 0.08 while driving but higher at testing time), and medical conditions like GERD that affect breath test results.
Penalties vary by state but typically include fines of $500–$2,000, license suspension of 90 days–1 year, possible jail time (often suspended), probation, DUI school, an ignition interlock device, and a criminal record.
Yes. A DUI conviction is a criminal conviction and will appear on background checks. Some states allow expungement after a waiting period and completion of all sentencing requirements. An attorney can advise on expungement eligibility in your state.
An IID is a breathalyzer installed in your vehicle. You must pass a breath test before the car will start. Many states require IIDs for first-offense DUI convictions. They typically cost $70–$150 for installation and $60–$80 per month for monitoring.
A DUI conviction typically causes insurance rates to increase 50%–200% or more. Many insurers will cancel your policy. You may need to file an SR-22 certificate for 3 years. Over a 10-year period, the extra insurance cost can exceed $10,000.
That depends on the strength of the evidence, your prior record, and the potential penalties. An experienced DUI attorney can identify weaknesses in the prosecution's case that may justify fighting the charge or negotiating a more favorable plea to a lesser offense like reckless driving.