Basics of DUI

DUI (Driving Under the Influence) is a serious offense in all the states and has legal consequences for anyone charged with drunk driving. DUI or Driving Under the Influence refers to anyone found operating a car, vehicle or machinery while under the influence of alcohol or drugs, including illegal drugs as well as prescription drugs. There are many other terms used for DUI, which may differ slightly in their context, but they mean the same thing.

Several other acronyms are used for DUI or Driving Under the Influence which are listed below, but the all refer to the same thing.

• DUI or Driving Under the Influence is the most commonly used acronym
• DWI or Driving While Intoxicated is a term used in specific states instead of DUI
• OUI or Operating Under the Influence usually refers to operating a motor vehicle or machinery while under the influence of drugs

These are the most common acronyms used for drunk driving, but there are other terms used also, including DUII (Driving Under the Influence of Intoxicants), DWAI (Driving While Ability Impaired), OUIL (Operating Under the Influence of Liquor) and UBAl (Unlawful Blood Alcohol Level) along with several others.

Drunk driving is considered a serious offense in most states, and the DUI laws vary from state to state. In most cases, a DUI may be considered a less serious crime, whereas in other states and in particular cases when an injury or death is involved, DUI is considered a serious offense or a felony, which is a serious crime.

Once charged with DUI, the charges stay on your criminal record forever. The court can order penalties in the form of heavy fines, mandatory jail time, attending alcohol and drug abuse counseling along with several other charges. The driver’s license of the charged is also immediately suspended, which has to be reinstated by filing an appeal with the court.

The allowed blood alcohol limit or BAC (Blood Alcohol Concentration) is less than 0.08% in most states and anyone found driving with BAC of 0.08% or more will be charged with DUI. BAC refers to the percentage of alcohol in the blood and indicates the level of intoxication. A lower BAC level means the person is still in control and not under the influence of alcohol, whereas an increased blood alcohol level can have different effects on behaviour in different people. A very high BAC level is also considered a felony, even if no physical harm or injury to another person was involved.

Most states have very strict laws for underage drunk driving, and they follow “zero tolerance” in this case. Anyone under the age of 21 years found driving while drunk will immediately be charged with DUI, whether or not the BAC was within limit or not. DUI laws and penalties for underage drunk drivers also vary from state to state, and some states have a limit of 0.00-0.02% in place for drunk drivers. In most states, any minor charged with drunk driving will have to face the extended loss of their driving privileges, if found under the influence of alcohol, drugs or any other impairing substance.

The possible consequences of a DUI conviction include jail time, loss of driver’s license, alcohol education programs and fines. The severity of the charge directly affects the consequences you will have to face if you are charged with DUI. For example if it is your first DUI charge, you will not have to face jail time or attend alcohol schooling, but a 2nd or 3rd DUI charge can have very serious consequences. A DUI charge also stays permanently on your criminal record and due to this reason you can expect your car insurance rates to increase.

If you are approached by a police officer as a suspect to drunk driving, you have to be very careful about what you say and how you act. Any mistakes at the time of interrogation can give an indication to the officer that you are really drunk and they will go ahead with the arrest. If you are stopped as a suspect for drunk driving, you will be asked to take a breathalyzer test. The police officer can also ask you to take field sobriety tests, which you can refuse. However, refusing to take the breath test will lead to the instant suspension of your driver’s license, so you should only refuse to take the test if you are sure your BAC level will be above the allowed legal limit.

If you are charged with DUI, your driver’s license will be suspended and you will have to file a hearing with the Department of Motor Vehicles (DMV) within the next 7 days of being charged to reinstate your driver’s license. You must also get in touch with a DUI lawyer as soon as possible who can take care of the legal complications in your case. You must keep in mind that DUI is a specialized field and not every lawyer has the expertise in this area, so you must get in touch with a lawyer who is familiar with the local DUI laws in the area where you have been charged with and he or she has experience dealing with DUI cases in the past.

A DUI charge is listed on your record and it can stay there for several years, but the duration of this varies from case to case. If you get your DUI expunged, you can have the DUI charge removed from your criminal record completely. In most states, the DUI offense stays on your record forever, while in some states like California, the DUI charge stays on your record for approximately 10 years. You can also take action to have the DUI removed from your record if allowed by your state. You will need legal help in order to make this possible.

The legal complications and the consequences of a DUI charge can haunt you for the rest of your life. Young adults and students especially can face problems in getting admissions to their desired colleges and universities and getting a good job. Therefore, it is always better to avoid drinking and driving at all costs.

Richard Jacobs is a chief editor since early 2007, and he currently works for MyDUIattorney, a Website that helps you to find the right DUI lawyer. You can search for a Los Angeles DUI Lawyer or for DWI Lawyer New Jersey online, anytime!

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Advice on working with an attorney

Many people assume an attorney is all-powerful or can work some kind of legal magic, just by dint of being an attorney. The reality is quite different. Look in your own line of work, and what do you see? People of differing abilities and work ethics, for one thing. And how many problems come up that even your best people have difficulty solving? How many projects go bad?

An attorney is just another person working in a specific field. It happens to be law. That is, some area of law. An attorney who doesn't have significant experience and/or training in the area of law that concerns you probably isn't going to do as well as one who does. There are so many "gotchas" in law, it borders on the absurd.

Your attorney isn't your buddy. Your attorney is a contractor you pay, and pay well. Usually by the hour. Don't waste your attorney's time with complaining or by seeking explanations of things you can look up on your own.

Your attorney's success is contingent upon such factors as:

• Your accuracy. Don't guess at the answers your attorney needs. Look things up. If your attorney asks how much you made last year, for example, produce your tax return rather than flip a number off the top of your head.
• How honest you are. Lying to your attorney is generally a dumb approach. It can get your attorney into trouble and is likely to undermine your case.
• How open you are. Hiding information from your attorney, even if you think it's irrelevant can easily result in a courtroom surprise that destroys any chance of winning your case.
• Your ability to stay out of trouble. Getting arrested, even on some unrelated charge, while your case is pending makes extra trouble for your attorney to handle.
• How well you articulate your side of the story. You don't need to be a polished speaker, but you do need to be concise and direct.

Don't:

• Make statements about the other person's motivations. Your attorney can't prove such allegations, so they are worthless.
• Produce forged documentation for your attorney to use. This creates a landmine that can not only blow up your case, but result in (further) criminal charges.
• Do or say anything that wastes your attorney's time.
• Yell at your attorney.
• Make disparaging remarks about the other side's attorney or anyone else involved in the case.
• Call your attorney for daily progress reports. This just wastes time.
• Text your attorney, unless told this is OK.
• Send your attorney long e-mails.
• Send your attorney paper, unless told this is preferable. Paper must be scanned and then shredded, creating extra work.

Do:

• Outline what you think the other person's viewpoint is. This will help you understand the whole case, and will show your attorney you seek this understanding.
• Provide any evidence you can locate or produce. This includes e-mails, photos, and receipts. Ask your attorney what evidence will help your case, and see about getting it.
• Think about how you can save your attorney time. Offer to do research, for example. "How about if I check that out for you?" Keep any reports to the attorney accurate and objective.
•  Treat your attorney with respect at all times.
• Behave in a professional manner. How you behave will affect how others perceive you, and that does affect the outcome of your case.
• If you have the OK to text your attorney, do this only rarely and when there is a good reason for it.
• E-mail your attorney with status updates or requests for information.
• Keep e-mail messages brief and limited to that which is most important and/or urgent.
• Convert paper to PDF and e-mail necessary documents to your attorney.

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