Remember driving is a privilege which is governed by individual states. Traffic violations are a mix of regulatory and criminal offenses based on violations of state statutes and city ordinances relating to the operation of vehicles, specifically driving under the influence of alcohol, or other substances that impair the ability to operate a motor vehicle. Here are some commonly asked questions many DUI suffers ask when they get pulled over and arrested for a DUI.

Q : What EXACTLY is a DUI?

A : DUI stands for Driving Under the Influence. A person is guilty of DUI if he/she drives or is in physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental state is impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state.

Q : How do you eliminate getting a DUI?

A : The best way to eliminate getting a DUI is just not drinking all together! Take an alternative form of transportation. This includes a taxi, sober driver, walk, public transportation, etc…just don’t drink and drive!

Q : If I am driving but my BAC is still below legal limit, can I still get arrested?

A : Yes you sure can! It is also against the law to drive if your ability to walk, talk, distinguish distances, operate an automobile, make split second decisions, etc…is impaired in anyway.

Q : Does the vehicle have to be moving for me to get a DUI?

A : No. You can be arrested for DUI by driving while over the legal BAC in your state or while impaired, even if your sitting in park! Sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in real physical control of the car.

Q : Do I have to take a breath, blood, or urine test?

A : No. Though, refusing such tests is really not a good idea. The laws of most states permit the motor vehicle department to suspend your privilege to drive for a minimum of 1 year for refusing to take a test. In addition, your refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of you consciousness of guilt. By accepting the privilege extended by the laws of most states to drive, the courts have determined that you have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining your BAC, and to a urine test for the purposes of detecting the presence of drugs. Therefore, when you sign your name on your license, you are saying that if stopped for a possible DUI, you will accept to take the test.

Q : Is it possible to beat my DUI in court?

A : Yes. You may request a review of the driver’s license suspension by the department of motor vehicles within a specific number of days following your arrest. At a official review, the hearing officer is authorized to direct oaths, examine witnesses and take testimony. If you request an informal review hearing, it will contain an examination by the department of the written materials submitted by the arresting officer, as well as anything you wish to submit. You will NOT be able to attend an informal hearing.

Q : If I am arrested for a DUI, will I lose my license?

A : Yes, the law enforcement officer will take your license immediately if you are arrested for DUI with an illegal BAC level or refusing to submit to a chemical or physical test. Your license will be taken away, and the officer will issue you a traffic ticket, which acts as both a temporary driver’s license and as your notice that your driver’s license was suspended.

Q : What’s the length of a lost license?

A : This will vary from state to state. However, if you have refused to submit to a chemical or physical test, your license will likely be suspended for a period of 1 year for a first time refusal.

Q : What else could happen to me from getting arrested with a DUI?

A : Jail. Almost all states make it mandatory that the violator spend at least 24 hours in jail for their first offense. Additionally, your insurance company may stop your coverage or at the very least, put you in a high risk category and cost you an ARM AND A LEG on your premium!

Q : What are zero tolerance laws?

A : Drivers under age twenty-one are not allowed to have any alcohol in their systems. They could face having their license removed for one year. A minor driver found with a BAC over the legal adult limit of .08 can be sentenced as adults.