DUI FREQUENTLY ASKED QUESTIONS
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What is driving under the influence (DUI)?
Driving under the influence is legally defined as driving while impaired by drugs and or alcohol; and/or driving with a blood alcohol concentration of 0.08% or higher
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What are the legal penalties for DUI?
The penalties for DUI convictions vary and will depend upon several factors. If a person is convicted of DUI, he/she may be sentenced with jail time, monetary fines, DUI School, community service, probation, driver's license suspension, and installation of an ignition interlock device.
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What are Miranda Rights?
Once a person is placed under arrest, he/she must be read his/her Miranda Rights by law enforcement. Miranda Rights inform a person of his/her right to remain silent, right to an attorney, and right to have an attorney appointed to him/her.
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What is Blood Alcohol Concentration (BAC)?
Blood alcohol concentration (BAC) refers to the amount of ethyl alcohol that is present in a person's blood stream. A person's blood alcohol concentration can be determined through the administration of a breath, blood, or urine test.
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What happens if a person's BAC is 0.08% or higher?
If a person's BAC is 0.08% or higher, his/her driver's license will be confiscated by law enforcement, and he/she will be given a Notice of Revocation/Disqualification. This will allow the person to drive for up to 7 days. After the 7 day period, the person's driving privileges will be automatically suspended if no hearing is requested.
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What are Standardized Field Sobriety Tests (FST)?
Field sobriety tests (FST) are agility tests that are used by law enforcement to determine if a person is impaired by drugs and/or alcohol. If a person is believed to have been driving while under the influence, law enforcement may request that the person perform a series of field sobriety tests before deciding to make a DUI arrest.
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What is the 7 Day Rule?
After a person has been placed under arrest for driving under the influence, he/she will receive a Notice of Revocation/Disqualification that will allow him/her to drive for 7 days. From the date of the person's arrest, he/she has 7 days to schedule a DMV Hearing to contest the suspension of his/her driver's license. If the person does not schedule a DMV Hearing, his/her driving privileges will remain suspended after the temporary permit expires.
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Why hire a DUI attorney?
If you have been charged with DUI, it is important that you hire a skilled attorney. A DUI attorney has the training, knowledge, and experience it takes to successfully contest your DUI charges. By hiring a DUI Defense Lawyer, you ensure that your rights and best interests will remain protected throughout the criminal case process.