Our firm has over 50 years' experience handling a variety of traffic matters, including
DUIs, DWIs, negligent driving, and other traffic cases. If you have been issued a citation or charged with a DUI or DWI, call our office today for a free consultation.
DWI/DUI Frequently Asked Questions
Q: What is the difference between a DUI and a DWI?
A: A DUI, the more severe offense, is when an individual who is operating a motor vehicle is found to have a blood alcohol level of .08 or above. A DWI is when the individual's blood alcohol level is .07.
Q: What happens if I'm pulled over and the officer suspects that I am intoxicated?
A: During the traffic stop, if the officer suspects you are intoxicated, they will conduct field sobriety tests, including a Walk and Turn test, One Leg Stand test, and a Horizontal Gaze Nystagmus test. The officer will also ask you to take a breathalyzer test. If your blood alcohol level is found to be .08 or above, or if you refuse to take the test, the officer will confiscate your license and you will be issued a temporary license for 45 days. Your license will be suspended on the 46th day.
Q: Can I refuse to take the breathalyzer and field sobriety tests?
A: Yes, you can refuse to take these tests. However, if you do refuse, you will be arrested, charged with a DUI/DWI, and your license will be suspended. You will still be issued the 45 day temporary license and you can request a hearing through the MVA within 10 days as explained below.
Q: How do I prevent my license from being suspended?
A: After being issued the temporary license, you have 10 days to request an MVA administrative hearing to review the suspension. If you ask for a hearing within 10 days, your license will not be suspended pending the hearing. If you ask for a hearing after 10 days, your license will still be suspended on the 46th day. You only have 30 days to ask for a hearing.
Q: What happens if I am convicted of a DWI/DUI?
A: If you are found guilty of a DUI/DWI, you can face jail time, in addition to a fine ranging from $500-$5,000. Additionally, if you are convicted of a DWI, the MVA will put 8 points on your driving record, making you eligible for a suspension. If you are convicted of a DUI, you will receive 12 points, making you eligible for a license revocation.
Please visit our Resources page for additional information related to DUI/DWI cases. If you or someone you know has been charged with a DUI/DWI, contact our office and our team can assist you through this process.
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