FREQUENTLY ASKED QUESTIONS
What is the difference between DUI and DWI?
DUI stands for Driving Under the Influence, while DWI stands for Driving While Intoxicated. The difference lies in the terminology used by different states, but generally, both refer to driving a vehicle while impaired by alcohol or drugs.
What are the legal blood alcohol concentration (BAC) limits for DUI/DWI?
BAC limits vary by jurisdiction, but typically it’s 0.08% for adults operating regular vehicles in many states. Lower limits may apply for commercial drivers and drivers under 21.
What happens if I refuse to take a breathalyzer or blood test during a DUI stop?
Refusing to take a breathalyzer or blood test can result in consequences such as automatic license suspension or revocation, and it may also be used against you in court.
Can I be charged with DUI even if I’m not over the legal BAC limit?
Yes, impairment can still occur at levels below the legal BAC limit, and officers can charge individuals with DUI based on observed impairment regardless of BAC level.
What are the penalties for a first-time DUI/DWI offense?
Penalties vary by state but can include fines, license suspension, mandatory alcohol education or treatment programs, community service, and even jail time.
Will a DUI/DWI conviction affect my insurance rates?
Yes, a DUI/DWI conviction can significantly increase your insurance rates or result in your insurer dropping your coverage altogether.
Can I get a DUI/DWI while driving under the influence of drugs other than alcohol?
Yes, DUI/DWI charges can result from driving under the influence of any impairing substance, including illegal drugs, prescription medications, and even over-the-counter drugs.
How long does a DUI/DWI stay on my driving record?
The duration varies by state, but generally, a DUI/DWI conviction remains on your driving record for several years, often ranging from 5 to 10 years or more.
Do I need a lawyer if I’m charged with DUI/DWI?
It’s highly recommended to seek legal representation if facing DUI/DWI charges, as an experienced dui attorney can help navigate the legal process, potentially reduce penalties, or even get the charges dismissed.
Can I travel internationally with a DUI/DWI conviction on my record?
Some countries have strict entry requirements regarding individuals with DUI/DWI convictions, and it’s advisable to research the specific policies of the countries you plan to visit.
What is an ignition interlock device, and will I have to install one after a DUI/DWI conviction?
An ignition interlock device is a breathalyzer installed in a vehicle that prevents it from starting if the driver’s BAC is above a certain level. Some states require its installation for certain DUI/DWI offenders.
Can I plea bargain a DUI/DWI charge?
In some cases, plea bargaining may be possible, but it depends on various factors, including the jurisdiction, the circumstances of the case, and the defendant’s criminal history.
Will a DUI/DWI conviction affect my employment?
A DUI/DWI conviction can impact employment opportunities, especially for jobs that require driving or have strict moral or background check requirements.
Can I get a DUI/DWI on private property?
Yes, in many jurisdictions, you can be charged with DUI/DWI even if you’re driving on private property, such as parking lots or driveways, if the public has access to it.
Can I get a DUI/DWI on a bicycle or other non-motorized vehicle?
Some states have laws that allow for DUI/DWI charges while operating non-motorized vehicles like bicycles, especially if you are impaired to the point of being a danger to yourself or others.
How can I prevent getting a DUI/DWI?
The best way to prevent a DUI/DWI is to avoid driving if you’ve been drinking alcohol or using impairing substances. Utilize designated drivers, public transportation, or rideshare services instead.
Can I expunge or seal a DUI/DWI conviction from my record?
Expungement or sealing of a DUI/DWI conviction depends on the laws of the jurisdiction where the conviction occurred. In some cases, expungement may be possible after completing certain requirements.
Can a DUI/DWI charge be contested in court?
Yes, DUI/DWI charges can be contested in court. Defendants have the right to present evidence, challenge the prosecution’s case, and defend against the charges with the assistance of legal counsel.
Will I lose my driver’s license immediately after a DUI/DWI arrest?
Depending on the jurisdiction and circumstances, your driver’s license may be suspended or revoked immediately following a DUI/DWI arrest, or you may be issued a temporary license until your case is resolved.
What should I do if I’m pulled over for suspicion of DUI/DWI?
Remain calm, be polite and cooperative with the officer, but remember your rights. You have the right to remain silent and the right to legal representation. Avoid self-incrimination and it is advisable to not admit to drinking or using drugs.