Drunk Driving, DUI, and DWI FAQ

Questions:

• How drunk or high does someone have to be before he can be convicted of driving under the influence (DUI) or driving while intoxicated (DWI)?
• How can the police find out whether a driver is under the influence or intoxicated?
• Do I have to take a breathalyzer, blood test, or urine test if I am stopped for DUI or DWI?
• If I'm stopping for driving under the influence, am I entitled to talk to an attorney before I decide whether to take a breath, blood, or urine test?
• If I'm stopped for driving under the influence (DUI) or driving while intoxicated (DWI), can a police officer ask me questions without reading me my rights?
• I've been charged with drunk driving/driving under the influence/driving while intoxicated. Should I get a lawyer?
• I was pulled over at a DUI/DWI roadblock and asked to wait and answer a police officer's questions. Is this legal?

Answer:

Do I have to take a breathalyzer, blood test, or urine test if I am stopped for DUI or DWI?

You may refuse to take a chemical test (breathalyzer, blood test, or urine test) during a DUI or DWI stop, but almost every state has a so-called "implied consent" law that says a refusal can result in suspension of your driver's license from anywhere between three to 12 months. (This is true even if you're eventually found not guilty of the drunk driving/driving under the influence/driving while intoxicated charge.) Further, if your drunk driving case goes to trial, the prosecutor can tell the jury that you wouldn't take the test, which may lead the jury members to conclude that you refused because you were, in fact, intoxicated or under the influence of drugs.