The DUI Case

DUI Field Sobriety Tests (FSTs) and Your Legal Rights

Learn how police use field sobriety tests (FSTs) to assess whether a driver has had to too much to drink.

Probable Cause and DUIs

A DUI stop requires reasonable suspicion and a DUI arrest requires probable cause. Read about how what these legal standards mean and what kind of facts might justify a DUI stop and arrest.

Implied Consent and DUI: What Happens If You Refuse a Chemical Test or Field Sobriety Tests?

If you get pulled over for a DUI and the officer asks you to take a blood, breath, urine, or field sobriety test, do you have to? What happens if you refuse?

What the Prosecution Has to Prove in a DUI Case

An explanation of the elements that the prosecution must prove to get a DUI conviction when a case goes to trial

Should You Hire an Attorney for a DUI Case?

If you get arrested for a DUI, you're generally better off if you're represented in court by an attorney. Read about the differences between public defenders, private DUI attorneys, and representing yourself.

Pleading Guilty to DUI

When you plea guilty or no contest to a DUI charge, the judge will find you guilty and the court clerk will enter a conviction. This conviction is exactly the same as a conviction resulting from a guilty verdict at trial. Generally, DUIs are misdemeanor criminal offenses. But if the offender has multiple prior DUI convictions or the current offense involves aggravating factors like deaths or injuries, a DUI can be a felony.

What Are the Differences Between a DUI, a DWI, and an OWI?

In every state, drunk driving is illegal. But states use lots of different names for driving under the influence, including DUI, DWI, OWI, and DWAI. However, the names generally don't make much of a difference.

DUI Arrest Police Reports

Whenever police arrest someone for driving under the influence (DUI) or any other crime, they write a police report summarizing the reasons for the arrest. Police reports are normally the starting point for prosecutors and defense attorneys in evaluating a DUI case.

Judge or Jury Trial: What's Better If You're Charged with a DUI?

If you're going to fight a DUI charge, does it matter whether the case is decided by a judge or a jury? Most defense lawyers believe that a jury trial is almost always better for a defendant.

Can You Get DUI Charges Dropped?

If you’ve got a DUI, either through a legitimate offense or due to what you feel was an unfair situation, you might be wondering if you can get DUI charges dropped from your record.

What Is a “Restricted” or “Hardship” License?

When your license gets suspended for a DUI or some other traffic violation, it’s often possible to obtain a hardship license for driving to and from places like work and school.    

Court-Ordered Substance Abuse Evaluations: What Are They and How The Process Works

How substance abuse evaluations factor into DUI cases, including who must be evaluated, how much evaluations cost, and what kinds of programs and treatment might be required subsequent to an evaluation.

Common Defenses to DUI/DWI Charges

Common defenses for fighting a DUI/DWI charge in criminal court.

DUI Blood Alcohol Testing

Most DUI investigations involve either blood being drawn or a breath test being taken. This article addresses some of the issues that arise regarding blood testing.

Can I Get a DUI for Sitting in a Parked Car While Drunk?

The DUI laws of many states apply even if you weren’t actually driving.

How Is “Driving Under the Influence” (DUI) Defined?

All states have DUI/DWI laws that prohibit driving while under the influence or intoxicated by drugs or alcohol. Here's how DUI/DWI is defined.

Can You Get DUI Charges Dropped?

If you’ve got a DUI, either through a legitimate offense or due to what you feel was an unfair situation, you might be wondering if you can get DUI charges dropped from your record.

Can Your Bartender Be Arrested for Your DUI?

Considering that “impaired drivers” cause one-third of the traffic fatalities (over 12,000 a year), and also considering the fact that alcohol related crime is estuimated to cost over $200 billion a year, it’s a wonder that states have not criminalized the act of serving alcohol to inebriated patrons. Actually, they have.

How do I get a job with a DUI on my record?

Many employers will investigate your driving history, and some will involve it in their hiring decisions.

Can I Get a DUI for Sitting in a Parked Car While Drunk?

The DUI laws of many states apply even if you weren’t actually driving.