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1. America's Criminal Defense Group: What Is DUI / DWI? DUI stands for driving under the influence (of drugs or alcohol), and DWI is driving while intoxicated. Some states differentiate between the two terms, while other states use the terms interchangeably. If a state recognizes each term as a different offense, DWI is usually considered the greater offense of the two. The DUI attorneys and drunk driving lawyers at America's Criminal Defense Group will help you understand the parameters of your specific case. [ back to top ] What Is BAC? BAC stands for blood alcohol concentration. If a person's blood alcohol concentration is higher than the legal limit (.08 in most states, including California), then he or she can be charged with drunk driving. The attorneys at ACDG know the DUI / DWI laws in every state. Our lawyers provide aggressive representation to all types of criminal offenders, including those charged with drunk driving, a violent crime, or a white collar crime. It is important to have reliable legal representation in these types of cases so your case can be resolved quickly and you can move on with your life. [ back to top ] Felony Drunk Driving While most drunk driving charges are misdemeanor offenses, felony drunk driving charges may be filed if a person is a repeat DUI / DWI offender, someone is injured or killed in a DUI collision (known as vehicular manslaughter), or if a DUI offense is combined with other felony charges, such as assault with a deadly weapon. Being convicted of felony drunk driving can result in jail time followed by a lengthy probationary period, as well as the revocation of one's license. If you have been charged with felony drunk driving, you must protect your rights. Our DUI attorneys have extensive experience defending clients charged with a DUI / DWI crime, and they have a strong track record of success in helping clients avoid charges or achieve greatly reduced penalties.
2. Loftus, Richard: Driving Under the Influence of Alcohol (DUI): In DUI cases, there are two separate agencies that begin distinct proceedings against you. It is important to remember that each of these agencies must be dealt with as itÕs own separate matter, they do not share information and check status with one another. 1. The California Department of Motor Vehicles (DMV) initiates proceedings to suspend your driving privileges in the State of California. 2. The criminal court begins proceedings to charge you with the crime of DUI. Important Information If you Get Pulled Over for DUI: In order for the police to arrest you for DUI, they need enough evidence to supply Òprobable causeÓ for that arrest. Police are able to come up with this evidence for Òprobable causeÓ, the police will ask you a series of questions and ask you to perform Field Sobriety Tests (FSTÕs). .Ó These tests include balance tests, coordination tests, and the Preliminary Alcohol Screen, which is a portable breath analyzer. These tests are not designed to determine whether you are drunk or sober, but only to give police an opportunity to collect ÒevidenceÓ of your impairment. In other words, the tests are designed not to be ÒpassedÓ or Òfailed,Ó but only to be scrutinized. You donÕt have to perform Field Sobriety Tests, and any tests you do attempt to perform will only supply more evidence against you. You have every right to refuse to perform any Field Sobriety Tests. You donÕt even have to submit to any chemical tests (i.e., portable breath tests) before you are arrested. The law DOES NOT requires you to submit to the FSTÕs or answer any of the questions (i.e. How much have you been drinking? When did you stop drinking?) You have every right under the law to refuse to answer any questions asked of you by police, though you must obey any lawful order of the police (i.e., demands to see your driver license, registration, exit the vehicle, etc.) However, if you are arrested, you MUST submit to chemical testing or else the consequences are more severe (your license will be suspended for one full year whether or not you were actually under the influence, and you may also be charged with the refusal in court). You have no right to consult with a lawyer before the testing, and if you refuse the police are authorized to take your sample by force. Whether or not they do so, your refusal will be used as evidence of your consciousness of guilt. You have the choice of either breath or blood testing by law. Blood testing is preferable, because the police must then prepare all arrest reports without the benefit of knowing your Blood Alcohol Content. With breath testing, the police can see your BAC instantaneously and prepare their reports consistent with that evidence. Arrest for suspected DUI: The most important things to remember are (1) the police have already decided to arrest you before they ask you any DUI questions or request that you perform FSTÕs, and (2) you will never ÒproveÓ your sobriety by playing ball with the police. In order to legally arrest you, the police must have enough evidence to supply Òprobable cause.Ó Either they already have it, and youÕre already going to be arrested, or they donÕt, and they want you to give it to them through your statements and FSTÕs. The law DOES NOT require you to answer any questions or perform FSTÕs. The police will ask you whether you have been drinking, where you have been, where you are going, when did you last sleep, and many other questions. Remember, you donÕt have to answer any of these questions, and any questions you do answer will be used against you later. You have every right under the law to refuse to answer any questions asked of you by police, though you must obey any lawful order of the police (i.e., demands to see your driver license, registration, exit the vehicle, etc.) The police will request (or demand, though they have no right to do so) that you perform what they call ÒField Sobriety Tests.Ó These tests include balance tests, coordination tests, and the Preliminary Alcohol Screen, which is a portable breath analyzer. These tests are not designed to determine whether you are drunk or sober, but only to give police an opportunity to collect ÒevidenceÓ of your impairment. In other words, the tests are designed not to be ÒpassedÓ or Òfailed,Ó but only to be scrutinized. You donÕt have to perform Field Sobriety Tests, and any tests you do attempt to perform will only supply more evidence against you. You have every right to refuse to perform any Field Sobriety Tests. You donÕt even have to submit to any chemical tests (i.e., portable breath tests) before you are arrested. Once arrested, however, you MUST submit to chemical testing or else the consequences are more severe (your license will be suspended for one full year whether or not you were actually under the influence, and you may also be charged with the refusal in court). You have no right to consult with a lawyer before the testing, and if you refuse the police are authorized to take your sample by force. Whether or not they do so, your refusal will be used as evidence of your consciousness of guilt. You have the choice of either breath or blood testing by law. Blood testing is preferable, because the police must then prepare all arrest reports without the benefit of knowing your Blood Alcohol Content. With breath testing, the police can see your BAC instantaneously and prepare their reports consistent with that evidence. IF YOU ARE ARRESTED, THE DMV PROCEEDING AND CRIMINAL MATTER COMMENCE: DMV Proceedings: You only have ten (10) days after your arrest to request a formal DMV hearing, otherwise your license will automatically be suspended (or revoked, depending upon the circumstances), effective 30 days after the arrest. At the DMV hearing, the evidence presented must prove (1) that the police had reasonable cause to believe you were driving in violation of the drunk-driving laws; (2) that you were lawfully arrested, and (3) that you were in fact driving a vehicle under the influence, or with a BAC over 0.08%; if you refused to take a chemical test, then the evidence must also prove (4) that you were properly advised by police about the requirements of the test and (5) that you actually refused to take the test. If any element cannot be proved, your suspension must be set aside. If all elements are proved during the hearing, your license will be suspended or revoked. For a first DUI without refusal, the license is suspended for four months. After 30 days of the actual suspension a restricted license is available. If chemical testing has been refused, the license is suspended for one full year and no restricted license is available. The length of suspension or revocation increases with each subsequent drunk driving offense. Criminal Charges in the Courts: In general, the crime of DUI occurs whenever a person drives any vehicle with a blood alcohol level of 0.08% or greater, or whenever a person drives a vehicle while Òunder the influenceÓ of alcohol (and/or drugs). The prosecution must prove the charges beyond a reasonable doubt. If the person is under 21 years of age at the time of the offense, there are several different charges available to prosecutors; in California, the law forbids persons under 21 from driving with any measurable amount of alcohol in the blood. The penalties are more severe for underage defendants in DUI cases, both from the courts and the DMV. In most cases DUI is a misdemeanor, which means an offense punishable by up to one year in county jail. Minimum jail sentences are established by law, but punishment may be increased in certain circumstances, for example where there is a child present in the vehicle, where the BAC is especially high, and where the defendant has suffered prior convictions for DUI. If the DUI defendant has caused an accident with injuries while under the influence, or has been previously convicted of three or more alcohol-related driving offenses within the preceding 10 years, then the DUI may be charged as a felony, which means an offense punishable by at least 16 months in state prison. In addition to a jail sentence, DUI punishment generally includes probation, fines and penalty fees costing thousands of dollars, substance abuse education classes, community service, and court-imposed license suspension on top of the DMV suspension. In some cases the court can even order the installation of ignition interlock devices, and impoundment of the vehicle.