Driving Under the Influence of alcohol or drugs is referred to by different names from State to State. These acronyms include DUI, DWI, DWAI, OUI, OVI, OVWI, OWI, OWVI, or DWUI. For the purposes of this website, driving under the influence, intoxicated or impaired will be referred to as a DUI.
An individual may be pulled over for suspicion of a DUI if law enforcement observes conduct on your part that gives the officer probable cause to determine if you are under the influence of alcohol, illegal drugs, prescription drugs, other controlled substances, or any other substance that impairs your ability to safely operate a vehicle.
During the traffic stop, law enforcement officers are trained to observe your appearance, movement, every word you speak, and even odors that may be attributed to you. Law enforcement can use this information to ask you to submit to a Breathalyzer and/or field sobriety tests. This may also give the law enforcement officer the authority to search your vehicle for open or empty containers, drugs or drug paraphernalia, or other evidence relating to you operating a vehicle while impaired. While legally searching your vehicle, if their is evidence of other crimes or criminal activity is present in your vehicle, you may face charges for any additional crimes that evidence is discovered at the scene as well.
You do have a right to refuse a request by the officer to search your vehicle, however, some States have laws that “it you are arrested for a DUI”, law enforcement may search your vehicle anyway. Some States will require a search warrant to search your vehicle, while other States do not.
When pulled over for a DUI, while you do have rights, the way some States DUI laws are written, exercising some of these rights will have adverse consequences. In some States, while you have a right to refuse a Breathalyzer test, if you do refuse a Breathalyzer test it triggers and automatic suspension of your drivers license pending the outcome of your DUI Defense Case.
Being charged with a DUI is a criminal offense that you may have to endure penalties before your case is heard in court. Your license may be automatically suspended pending the outcome of the defense against DUI allegations. In most States you may seek Hardship Driving Privileges during an administrative hearing. Administrative hearings must typically be requested within 10 days of your DUI arrest.
Many States have “Mandatory Minimums” for penalties when an individual is convited of a DUI Crime. These “Mandatory Minuimum” conviction penalties are typically increased significantly for subsequent DUI Crime Convictions.
If arrested for a DUI, DWI, DWAI, OUI, OVI, OVWI, OWI, OWVI, or DWUI, make sure you are made aware of your legal rights, options, and potential defense strategies that may be available to you. Seek experienced legal cousel immediately!