| We all know what a DUI is. We all probably know | | | | to 30 days to appeal the suspension and have a |
| someone who has gotten one (and if you don't, if you | | | | hearing to determine whether or not your license |
| ask, you'll be surprised who says they do). And we all | | | | should be suspended. At the hearing there are |
| hope we never get one. But it doesn't hurt to know a | | | | generally four issues that your DUI attorney can argue |
| little bit about what a DUI charge entails (it may even | | | | as to why the suspension should not be upheld. In |
| scare you into being more careful). So I'm going to talk | | | | Washington, where I live, the success rate is about |
| about the two cases that are created in every DUI | | | | 20%. If you win, you keep your license. If you lose, you |
| case where a person has a blood alcohol | | | | don't. |
| concentration over .08. | | | | The second kind of case that is created with a BAC |
| The.08 is a number that has been, for the most part, | | | | of .08 or higher is the criminal case, the DUI case. This |
| picked out of thin air by the National Highway Traffic | | | | one we pretty much all know about. Because jail time |
| Safety Administration as the point at which people | | | | is a possibility, you have certain constitutional rights that |
| become too impaired to operate a vehicle. Up until | | | | must be upheld in order for any punishment to be |
| about 10 years ago that number was .1. Why'd they | | | | given against you. Eventually you will either reach a |
| drop it? Who knows, but it is the number, and we have | | | | plea deal, go to trial, or get the case dismissed. |
| to deal with it. | | | | It's important to understand that there are two |
| The first kind of case that is created with a BAC of | | | | separate DUI actions going on in any case because |
| .08 or higher is a civil case. It is brought on by the | | | | there are deadlines that exist, that if not met, can have |
| Department of Licensing in your state (for some it's | | | | an impact on your driving privileges. It isn't a defense |
| the Department of Motor Vehicles, but it's the same | | | | that you didn't know. You have to take care of both |
| type of organization). Under current DUI laws, a blow | | | | cases separately, even if they are going on at the |
| of .08 or over triggers an "administrative suspension" | | | | same time. So, if you find yourself charged with DUI |
| of your driving privileges. This is completely separate | | | | and you blew over .08, be wary of the not one, but |
| from the criminal aspect of your case. | | | | two actions pending against you. |
| Typically with the DOL side of the case you have 20 | | | | |