The Essentials of DUI Laws

Attorneys who specialize in the practice of DUI law willThe concentration of alcohol in your bloodstream is a
tell you it's simple: Do not drink and drive.result of your weight, metabolism, and rate of
"It's not a paradox or contradiction," says Brandonconsumption. For most people, one drink per hour will
Williams, a southern California DUI lawyer. "All daykeep them under the legal limit, and blood alcohol
every day in court, I defend clients against DUIcalculators are widely available via the internet. "One
charges. Because of what I see in the courtroom, Idrink" means a beer, a glass of wine, or a standard
fiercely advocate strict enforcement of DUI laws.shot of "hard" liquor-the kind of alcohol makes no
Drunk driving causes catastrophic pain and sufferingdifference in your blood alcohol content.
for families and communities."DUI laws outline the basics of a DUI defense
DUI laws encourage an ounce of preventionIf you carefully follow the requirements of the DUI
Two fundamental rules in the DUI laws largelylaws, you can trace the outlines of a strong legal
determine whether or not you are cited for drivingdefense. Because conviction on a charge of driving
under the influence: First, a police officer must haveunder the influence carries very serious consequences,
probable cause for stopping and questioning you. And,you should retain experienced, aggressive legal counsel
second, in all fifty United States, the law regards youto represent you in a DUI proceeding; but to participate
as legally intoxicated if your blood alcohol contentfully in your own defense, you also should understand
measures 0.08.how the DUI laws can turn to your advantage.
Although swerving and driving erratically do notFirst and most importantly, the arresting officer must
automatically constitute violations of the law, they oftenhave probable cause for stopping you. Anonymous
give officers probable cause for stopping you. Moretips in the absence of clear signs that your driving skills
frequently, the police will stop you because they haveare impaired will not stand-up under the court's scrutiny.
received anonymous tips that you are driving underSimilarly, minor driving errors-when they endanger no
the influence. If the police officer detects even theone and do not, in and of themselves, constitute
faintest sign of intoxication as he or she questions you,moving violations-do not give an officer probable
the interrogation may proceed to field sobriety testingcause for a stop. The same rules apply to field
and chemical testing. Most law enforcement agenciessobriety testing: if, during the officer's interrogation, you
use "breathalyzer" tests, and those test are legallygave no clear indication that you had been drinking or
admissible when police officers properly administer thewere under the influence of alcohol, the officer has no
tests. If you are stopped for suspicion of drunk driving,good reason to conduct field sobriety testing. If the
you may request a blood test instead of theofficer should not have stopped you or did not have
breathalyzer, but many states require you to surrendergood grounds for testing you, then the DUI laws require
your driver's license if you request a special test orthat the court dismiss your case.
refuse testing altogether.