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:

I've been charged with drunk driving/driving under the influence/driving while intoxicated. Should I get a lawyer?

Defending against a charge of drunk driving is a tricky business. Defenders need to understand scientific and medical concepts, and must be able to question tough witnesses, including scientists and police officers. If you want to fight your drunk driving/driving under the influence/driving while intoxicated charge, you're well advised to hire an attorney who specializes in these types of cases.

These days it is hard to "win" a drunk driving case, assuming the police gathered some physical evidence against you (results of a breathalyzer, blood test, or urine test). And the punishments for DUI are pretty standard. If you were truly guilty, there's no guarantee that a lawyer could get you a better deal or plea bargain than you can get for yourself.

If the police don't have physical evidence against you (for example, you refused the chemical test), a good lawyer may be able to plea your case down to a "wet reckless" (alcohol-related reckless driving). However, while a wet reckless may not sound as bad as a DUI or DWI, it often carries almost the same fines and penalties as a DUI or DWI.