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Frequently Asked Questions

WHAT IF I AM A MINOR CHARGED WITH DUI?

DUI - The Law Offices of Mark D. DuBiel - Arizona DUI Specia...
Arizona law increases penalties for minors driving with alcohol in their system. It is illegal for a minor to have any alcohol in their system and drive. If convicted, the DMV will revoke the underage drinker's license for a lengthy period. The methods of proving a minor is driving with alcohol in their system may be problematic and it is imperative to consult with an attorney if facing this charge.
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Why was I charged with more than one DUI?

Arizona DUI FAQ - Frequently asked DWI questions
There are multiple ways of charging a DUI in Arizona. Typically, the law enforcement agency or prosecutor's office will charge you with as many of the charges as fit. For instance, if you have a body alcohol content of .080, you can be charged with ARS 28-1381(a)(1) and ARS 28-1381(a)(2). The "A1" charge alleges you were impaired by alcohol, while the "A2" charge alleges that you were above the legal limit of 0.080. If your body alcohol content was at 0.
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Who is a minor for purposes of DWI and DUI?

Alcohol and minors FAQ
A minor is any person under 21 years of age. People between the ages of 18-20 are classified as minors, but they may be prosecuted as adults. People 17 years of age and under are not prosecuted under the adult DWI laws. Don't take chances with your child's future. Be sure you have the best possible representation to protect your child against the Texas Courts. Contact Douglas Wilder, your Texas DWI attorney today.
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Should I get an attorney if I have been charged with DUI/DWI?

Phoenix Criminal Defense FAQ | Arizona Assault Charges, Thef...
Although you are not required to have an attorney, it is advisable to retain a defense lawyer if you have been placed under arrest or charged with DUI/DWI. These laws are strictly enforced and an experienced DUI/DWI attorney can help protect your rights. Some states require that the police provide you with a list of local DUI/DWI defense attorneys.
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Texas Criminal Lawyers | Federal Criminal Attorneys | Crimin...
Although you are not required to have an attorney, it is a good idea to retain one if you have been placed under arrest, or charged with DUI / DWI, particularly if you have seriously injured or killed another person. DUI / DWI laws are strictly enforced.
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I wasn't drunk, why was I charged with a DUI?

Washington DUI Arrest FAQ - Frequently Asked Questions, WA D...
In Washington State, you do not need to be "drunk"; the prosecutor only needs to prove that you were "affected by alcohol". The State will use the officer's testimony regarding his/her observations about your driving and physical observations to try to convict you. Road side tests are voluntary and you do NOT need to perform these maneuvers. The prosecutor will use these tests against you. As a trained SFST instructor, I would not take the tests if given the opportunity.
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For the purposes of DUI, who is considered a minor?

Maryland DUI lawyer
A minor is any person under 18 years of age. Persons 17 years of age and younger cannot be prosecuted under adult DUI laws, rather their matters are handled in juvenile court.
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I WASN'T DRINKING, BUT I WAS TAKING PRESCRIPTION MEDICATION. CAN I BE CHARGED WITH DWI DUI?

Houston Texas DWI Lawyers: Houston DUI Attorneys, DWI/DUI Ch...
Yes, if the medication is capable of causing impairment. Often, the police will assume impairment is caused by a medication if you admit to taking anything. Officers are not trained in which medications or even illegal drugs can cause impairment. Common prescription medications that can cause impairment include: Xanax, Valium, Hydrocodone/ Vicoden, Soma, and Codein. Many other drugs do not impair mental or physical faculties and cannot be the basis of a DWI DUI charge.
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I did not drink any alcohol, why am I being charged with a DUI?

Washington DUI Conviction FAQ - Frequently Asked Questions, ...
If you are under the influence of a drug, prescription or otherwise, you may still be charged with a DUI. You can be Arrested for Driving Under the Influence of Drugs in Washington - Even Prescription Drugs.
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Can I be charged with DUI if I was sleeping in my car?

Arizona DUI FAQ - Frequently asked DWI questions
Yes. If the officer believed that you were in "actual physical control" of the vehicle, in Arizona you can be charged with a DUI. This means that you had the present ability to move your vehicle and pose a danger to yourself or others on the road.
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Can a minor go to jail as a result of a DUI offense?

Maryland DUI lawyer
Anyone under the age of 18 will be prosecuted as a juvenile and should not be put in adult jail, but rather will be subject to juvenile detention. Anyone 18 or over will face the same penalties as an adult over 21 in court in addition to the penalties for violation of the alcohol restriction on the under 21 year old’s drivers license.
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Can a minor accused of DUI refuse to take a breath test?

Alcohol and minors FAQ
Suspension of your driving privileges for not less than 120 days if this is the first arrest for an alcohol related driving offense. If the minor was arrested but does not have a driver license, the state will not issue a driver license for 120 days A 240-day suspension of driving privilege if the minor's record reflects one or more drug or alcohol related offenses during the 5-year period preceding the arrest. Don't take chances with your child's future.
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I have a previous DUI (minor offence). What do I need to do to cross the border into Canada?

Big North Lodge & Outposts - Frequently Asked Questions
In Canada, a DUI is considered a criminal offence. If the DUI is older than 10 years with no other offences, then you are deemed rehabilitated and should have no difficulties crossing the border. If the DUI is between 5 and 10 years old, there are certain steps that you need to take to apply for rehabilitation and admissibility into Canada.
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The paperwork I received for my DUI says I am being charged with two crimes? Why?

DUI LAW FAQ
Answer: California law defines the crime of DUI two different ways: Vehicle Code or VC 23152(a) is driving while under the influence of alcohol or drugs or both; VC 23152(b) is driving with a blood alcohol level of .08 or higher. California law considers these to constitute two separate misdemeanor offenses. Orange County DUI suspects routinely get charged with both counts.
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Can I get charged with DUI if the car was legally parked?

Seattle DUI Lawyer WA | Boating DUI | Washington DWI Arrest ...
Technically speaking, NO. But only in a technical sense. The crime you could be charged with is “Physical Control” which is defined as “being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug.” RCW 46.61.504. This statute can be violated even if the vehicle is not running.
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Do I have to be under the influence of alcohol in order to be charged with a DUI?

Bay Area DUI Attorney - Frequently Asked Questions
No. Under Vehicle Code §23152(b) you can be charged with a DUI if you register a blood alcohol content of 0.08% or higher. Not all people are "under the influence" at .08. This is called a "per se" law. Some people have a higher tolerance for alcohol. Their driving is not impaired even with a BAC of 0.08% or higher. Some people give false readings when their breath is tested. People have registered 0.
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Can I be charged with a DUI if my BAC is lower than 0.08%?

Bay Area DUI Attorney - Frequently Asked Questions
Yes. Under Vehicle Code §23152(a), you can be found "under the influence" even if your BAC is lower than 0.08%. Some people's driving ability is impaired even if their BAC is lower than 0.08%. The district attorney will always charge you with both Vehicle Code sections. This gives the DA an additional opportunity to get a conviction.
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Can I be charged with DUI/DWI for driving after taking drugs?

Phoenix Criminal Defense FAQ | Arizona Assault Charges, Thef...
Yes. If you operate a car under the influence of drugs such as heroin, cocaine, marijuana, or any other illegal substance, you can be charged with a crime. In addition, it is not only illegal drugs that can get you into trouble. Many prescription medications and some over-the-counter medications carry with them specific warnings that they may impair abilities and should not be used while operating any motor vehicles. Check the labels on all medications carefully.
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Is it true that I don't have to be driving to be arrested and charged with DUI?

Montgomery DUI Lawyer - Montgomery Alabama DUI Lawyer
Yes. Alabama law states that you don't have to be driving to be arrested for DUI, provided that you are in “actual physical control” of the vehicle. If you are just sitting behind the wheel of a parked car with the ignition keys in your pocket, you can be arrested for DUI if you are under the influence of drugs or alcohol or the concentration of alcohol in your blood is .08% or more.
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Can I be charged with a DUI if my blood, breath, or urine alcohol level is below the limit?

Dykeman & Rosenthal | Central Kentucky Attorney - DUI FAQ
Yes, you may be charged with driving while under the influence of alcohol even if your alcohol concentration is below the legal limit or you did not take a blood, breath, or urine test. The prosecutor would need only to prove the motorist was under the influence of alcohol. It is presumed a person with an alcohol concentration less than 0.05 is not under the influence, however, this presumption maybe rebutted by the prosecution.
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Can I be charged with a DUI if I refuse to take a blood, breath or urine test?

Dykeman & Rosenthal | Central Kentucky Attorney - DUI FAQ
Yes, you may be charged in the same manner as someone whose alcohol content is below the legal limit. The prosecutor would need only to prove the motorist was under the influence of alcohol by using other evidence such as divided-attention exercises, smell of alcohol on the motorist, etc. Also the refusal to take a chemical test for alcohol is always admissible in court.
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If I am charged with DUI, will it really help to hire a lawyer?

Arizona DUI FAQ - Frequently asked DWI questions
If you want any increased chance of reducing or beating the charges, then it is a good idea to have a lawyer who is intimately familiar with the Arizona DUI court you are in.
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Can I be charged with DUI if I wasn't driving the car?

Arizona DUI FAQ - Frequently asked DWI questions
That depends on where you were in relation to the car. If you had a present ability to move the vehicle you may be charged with DUI by virtue of being "in actual physical control" of the vehicle. The most common scenario is when a person pulls over to sleep it off, and the officer discovers him asleep but the the ignition on and the car in park.
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What is DUI?

Philadelphia (PA) DUI Lawyer Attorney Steven E. Kellis
DUI is an abbreviation for Driving Under the Influence. A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state. (Presently .08%)
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Washington DUI Center : Frequently Asked Questions About DUI...
DUI stands for Driving Under the Influence. When you are arrested for the crime of DUI, the State files two cases against you: a criminal case and a civil case. The criminal case is filed by the prosecutor in district or municipal court and is a gross misdemeanor, which means the maximum punishment is one year in jail and a five thousand dollar fine. The civil case is filed by the Department of Licensing. Both cases involve a possible license suspension for at least ninety days.
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What Is D.U.I.?

The Law Offices of Craig W. Penrod
In Arizona, "D.U.I.", "D.W.I." or "drunk driving charge" are all slang references to a violation of A.R.S. ? 28-1381, driving while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
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Total DUI - Frequently Asked Questions about DUI
DUI means driving under the influence of alcohol or drugs. DUI may be called DWI or OWI in some states. It is illegal in all 50 states to operate a motor vehicle with a blood alcohol content of 0.08% or higher, and testing at or above this level is presumptive evidence of a DUI. Learn more about the DUI laws in your state. However, it is possible to be convicted of DUI or a related charge at a lower BAC.
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