Information about DUIs

On the page below you can find links to information: documents, reports, essays, publications, state law summaries, and discussions provided by DUIAnswer.com.

The documents below are available to the public so that they can gain a better understanding of the challenges facing them when dealing with a DUI.

If you don't find the answers here, you should order the DUI/DWI Arrest Survival Guide - The Guilt Myth for answers to questions specific to your state of residence and situation.

DUI/DWI Articles

• Bob Keefer: 1980 Visual Detection of DWI manual [PDF]
  

  The beginnings of the standardized field sobriety testing that have been corrupted into a show of impairment. These tests area actually touted by their "creators" to show a probability of blood alcohol content over the legal limit.

• Bob Keefer: 1997 Florida Validation Study of SFST - Burns & Dioquino [PDF]
  

  The 1997 Florida Validation Study of the Standardized Field Sobriety Tests is very important because a close reading of the test data will reveal the flaws in this "so called" validation study.

• Breeath Temperature: An Alabama Perspective by Carpenter & Buttram [PDF]
  

  The evidentiary breath testers use 34 degrees C as the presumed exhalation breath temperature. The states could monitor the subjects' temperature and use the actual number but most except Alabama have chosen not to do so. When the actual breath temperature is higher than 34 degrees, the machine gives an artifically high result.

• BobKeefer: Harrisonburg DWI DUI & Drunk Driving Lawyer: Nystagmus has many causes besides alcohol [PDF]
  

  A chapter from a medical textbook setting out many of the possible cause of nystagmus besides alcohol in the blood.

• Bob Keefer: Harrisonburg DWI DUI & Drunk Driving Lawyer: The DFS Maintenance Manual for the I5000 (Intoxilyzer 5000) [PDF]
  

  DFS, over strong objection, under court order, surrendered this maintenance manual to counsel in a case in a Virginia Circuit Court

• Jan Semenoff: Examining Evidentiary Issues in Forensic Testing [PDF]
  

  There are significant problems with determining blood alcohol content through the indirect method of determining breath alcohol content and the extrapolating back to blood.

• The Trial Process—An Overview
  

  Here's an overview of the various aspects of the DUI/DWI trial process. Understanding the process may help you feel less overwhelmed by this difficult ordeal.

• Are Field Sobriety Tests Accurate?
  

  Researchers have found that the police officers are much more likely to overestimate a person’s BAC on the basis of field sobriety tests than underestimate it. Put another way, field sobriety tests made subjects appear more intoxicated than they actually were in the minds of the police officers. While it might sound unfair or exaggerated, the legitimate scientific studies on field sobriety tests point towards an unsettling conclusion: field sobriety tests are designed to make people fail.

• What to Expect During a DUI or DWI Stop
  

  Being pulled over for drunk driving can be frightening, even if you know that you are not drunk. This article explains what you should expect during a DUI or DWI stop, as well as your legal rights. Contact 888-DUI-Answer or 888-DWI-Answer today if you have been arrested for drunk driving.

• Is It Possible to Get Out of a DUI or DWI Charge?
  

  Many drivers have been stopped at a sobriety check point and have taken one of the three standardized sobriety tests. Find out more about possible defenses regarding the DUI field sobriety tests. Call (888) DWI-ANSWER (394-2679) or (888) DUI-ANSWER (384-2679) if you have been arrested for DUI or DWI.

• How Blood Tests Work in DUI and DWI Cases
  

  Blood tests are often used to measure your blood alcohol content if you are being accused of DUI or DWI. This article explains how these tests work and the problems with the results. Call (888) DWI-ANSWER (394-2679) or (888) DUI-ANSWER (384-2679) if you have been arrested for DUI or DWI.

• Diabetes Can Give an Inaccurate BAC Reading
  

  Police officers often wrongfully assume that diabetics experiencing hypoglycemia are intoxicated. Even if a diabetic is not drunk, he or she may still fail field sobriety tests, including breath tests. This article explains how diabetes can be mistaken for intoxication. Call (888) DWI-ANSWER (394-2679) or (888) DUI-ANSWER (384-2679) if you have been arrested for DUI or DWI.

• Results from Breath Tests in DUI Cases are Sometimes Inaccurate
  

  Breath tests are commonly used to measure the blood alcohol content of a driver. However, breath testing equipment can give false readings. This article reveals some of the most common factors that skew breath test results. Call (888) DWI-ANSWER (394-2679) or (888) DUI-ANSWER (384-2679) if you have been arrested for DUI or DWI.

• When is DUI a Felony Offense?
  

  Many drivers who have been accused of DUI or DWI worry that they will be charged with a felony. In most circumstances, DUI or DWI is charged as a misdemeanor. This article explains the various scenarios that determine when the offense is a misdemeanor versus a felony. Call (888) DWI-ANSWER (394-2679) or (888) DUI-ANSWER (384-2679) if you have been arrested for DUI or DWI.

• The Horizontal Gaze Nystagmus Test Used in DUI Arrests
  

  The HGN test is one of the three field sobriety tests administered by law enforcement officers. This article reveals the details of this test, as well as the flaws associated with the HGN test. Call (888) DWI-ANSWER (394-2679) or (888) DUI-ANSWER (384-2679) if you have been arrested for DUI or DWI.

• Ignition Interlocks for First Time DUI Offenders is a Heated Topic
  

  Many states have changed the laws regarding ignition interlock systems and are now requiring first time DUI offenders to install these devices in their cars. Find out more about the heated argument regarding ignition interlock systems and first time DUI offenders. Call (888) DWI-ANSWER (394-2679) or (888) DUI-ANSWER (384-2679) if you have been arrested for DUI or DWI.

• What To Do If You’re Pulled Over And Arrested For DUI
  

  Here’s the straight story on what to do if you’re pulled over and arrested for DUI.

• Why You're Being Charged With Two Offenses
  

  It’s a little known fact that every state has two separate drunk driving offenses: one for driving under the influence of alcohol, and one for having a blood alcohol level above the legal limit (0.08%). But here’s where it gets interesting, not to mention highly controversial. In most states, a person can be (and usually is) charged with both offenses at once.

• Drunk Driving Versus Cell Phones
  

  We vilify drunk drivers. In many people’s minds, drunk drivers are so selfish, so lacking in self-control, that they are willing to put innocent people’s lives at risk. Although talking while driving doesn’t set off the same moral alarms for most people, the science is clear: using a cell phone in the car is equally dangerous as the drunk driving, if not more so.

• How a DUI Can Keep You Out of Canada
  

  If you were planning a trip to Canada, and you have a DUI or DWI on your criminal record, you may want to change your plans. Or, at least, you may want to learn a few things about Canadian immigration law first.

• Have you or someone you know been arrested for DUI?
  

  If you’ve recently been charged with a DUI, the first thing that’s taken away from you is probably not your driver’s license. It’s your peace of mind. If you or someone you know were recently arrested for DUI, now is critical time.Don’t wait another second to put your mind at ease.

• DUI and Your Miranda Rights
  

  Police officers are only legally required to read you your Miranda rights after placing you under arrest and before continuing to interrogate you. But before arresting you, the officer can ask you questions in order to get you to incriminate yourself. And this loophole is exactly how police officers get around the Miranda requirement.

• DUI License Plates—A Shameful Trend
  

  Several State legislatures—including those of Ohio, Iowa, Minnesota and Oregon—have added a new, imaginative punishment for those convicted of DUI or DWI: special, brightly colored license plates.In principle, the idea is cruel, unfair, excessive and extremely problematic. In practice, it would be far worse.

• Proof in a DUI Trial
  

  How do prosecutors prove that a person was intoxicated while driving? The answer is: they don’t, because they don’t have to.

• Is slurred speech a good indicator of intoxication?
  

  Is slurred speech a good indicator of intoxication? Yes and no. Yes in the limited sense that intoxication is indeed a common cause of slurred speech. However, this does not mean that it is possible to judge, with a high degree of reliability, that a person is above the legal limit simply based on listening to them talk.

• How Police Officers Influence Breathalyzer Results
  

  Knowingly or unknowingly, police officers often influence the results of breathalyzer tests, resulting in inaccurately high readings. To understand how, we have to review some facts about how breathalyzers work.

• Driving Under the Influence of Bread and Binaca
  

  Research has shown that breathalyzers can't distinguish between alcohol that comes from drinking, and alcohol from other sources. Mouthwash and, strangely, bread can both result in high breathalyzer readings. This is just one of many problems with such devices, and this potential for inaccuracy has undoubtedly resulted in innocent people being arrested.

• Alcohol Impairment Chart
• Pretrial Motions—How Your Lawyer Will Shape the Trial in Your Favor
  

  After your arraignment, the process of arguing your case will begin. After your attorney has thoroughly reviewed the facts, the next step is to file pretrial motions. A motion is a document that your attorney files on your behalf asking the Court (i.e. the judge) for a certain action. There are several different types of motions, each with a different goal. But filing successful motions, no matter what the specific type, will help you and your attorney to shape the trial process in a way that benefits your case.

• Expert Witness Testimony in the DUI Trial
  

  At some point during your DUI/DWI trial, your lawyer will probably decide to call an expert to testify. Experts can be called to testify about the chemical tests, field sobriety tests, accident reconstruction, and other scientific aspects of your case.

• The DMV Hearing and Drivers License Suspension
  

  Many motorists arrested for DUI/DWI do not understand the relationship between their criminal case and the DMV. Arrests for driving under the influence trigger two separate cases: the criminal case and the DMV case.

• FACT VS. FICTION—SIX MYTHS ABOUT DUI
  

  Driving Under the Influence (DUI) is one of the most common criminal infractions reported, but it is also one of the most misunderstood. Among the public, and even among many attorneys, the truth about DUI is riddled with myth. The unfortunate result is that many of those who are accused of driving under the influence do not know their rights. And because they do not know their rights, they do not obtain adequate legal representation and they receive unfair and unjust penalties, regardless of whether they are guilty or innocent. Let's set the record straight on some common and damaging misconceptions.

• How to Avoid Being Pulled Over
  

  There are preventative steps you can take to avoid being pulled over in the first place. Many of these steps will help you avoid making the driving mistakes that might lead a police officer to suspect that you are impaired and decide to pull you over.

• Myths About DUI Lawyers
  

  When looking for an DUI/DWI attorney, many consumers fall prey to myths and misconceptions and they wind up picking a lawyer who is not qualified to meet their needs. Here are a few of the most common myths.

• How To Pick a DUI Attorney—Know What Questions to Ask
  

  When looking for a DUI attorney, you will want to speak with a number of different attorneys who might represent you. This kind of consultation is usually free. The most important thing to remember when speaking with a potential lawyer is not to be afraid to ask questions. The best and most qualified lawyers will welcome your questions and they will take it as a sign that you have done your homework.

• The Costs of a DUI Arrest
  

  If you have been arrested for driving under the influence, you have probably realized that the costs of a DUI/DWI arrest are great, both emotionally and financially. Although the emotional and psychological costs of a DUI arrest are different for everyone, but when it comes to the money, everyone is in the same boat.

• How Sobriety Checkpoints Work
  

  While most DUI/DWI stops are made by individual police officers on the road, there may be times when you encounter a sobriety checkpoint. There are a number of rules—created by the State Supreme Court—that govern how sobriety checkpoints are set up and conducted, rules that you should be familiar with.

• The Unreliability of the Breath Test
  

  The breath test is the most common test that people are asked to take once they are taken to the police station, but it is also highly susceptible to error. If the test is not taken just right, then it will not accurately measure your blood alcohol concentration and your lawyer may be able to persuade the judge to throw it out.

• Should We Lower the Drinking Age?
  

  Lowering the drinking age should not be up for debate. Teenagers who drink are not only a danger to themselves, but to others as well, especially when driving.

DUI Law By State

• Alabama DUI Law
  

  In Alabama, it is illegal to drive with a blood alcohol concentration any combination of drugs or alcohol that renders the driver incapable of safely operating the vehicle.

• Alaska DUI Law
  

  It is illegal in Alaska to operate a motor vehicle with a BAC of .08 or greater or while under the influence of alcohol and/or a controlled substance.

• Arizona DUI Law
  

  In Arizona, it is illegal to drive with a blood alcohol concentration of .08 or greater.

• Arkansas DUI Law
  

  In Arkansas it is illegal to operate or be in actual physical control of a vehicle while you are (a) intoxicated or (b) have a BAC of .08 or greater.

• California DUI Law
  

  California was second only to Texas in 2004 for number of alcohol related traffic deaths.

• Colorado DUI Law
  

  In Colorado the definition of DUI means that the driver has consumed a level of alcohol and/or drugs that renders him substantially incapable to exercise clear judgment, sufficient control, and due care in the operation of a motor vehicle.

• Connecticut DUI Law
  

  Connecticut has two standards for drunk driving: (1) operating a vehicle while under the influence of alcohol or drugs and (2) operating a vehicle while having an elevated Blood Alcohol Content (greater than .08). For the most part, the two carry the same penalties.

• DC DUI Law
  

  Driving While Intoxicated: D.C. has two different standards for DWI testing. If the test administered is a urine test, the legal limit is .10. However, if the test administered is a blood or breath test, the legal limit is .08. The arresting officer decides which test to administer.

• Delaware DUI Law
  

  It is against Delaware state law to operate a motor vehicle while under the influence of drugs and/or alcohol. It is also illegal to operate a motor vehicle with a blood alcohol concentration of .08 or greater. The standard for operators of commercial vehicles is a BAC of .04 or greater.

• Florida DUI Law
  

  Florida makes it illegal to drive with a Blood Alcohol Content of .08 or greater . Florida also makes it illegal to drive with any drug and/or alcohol combination that impairs your normal faculties.

• Georgia DUI Law
  

  It is illegal to drive in Georgia while under the influence of drugs and/or alcohol to the extent that it becomes “less safe for the person to drive.” It is also illegal to drive with a BAC of .08 or greater.

• Hawaii DUI Law
  

  It is illegal in Hawaii to operate a vehicle while under the influence of an intoxicant. The Blood Alcohol Concentration limit is .08 or greater. It is also illegal to operate a vehicle while under the influence of alcohol or any drug that impairs the person’s ability to operate the vehicle in a safe and prudent manner.

• Idaho DUI Law
  

  It is illegal in Idaho to drive or be in actual physical control of a motor vehicle while under the influence of drugs and/or alcohol or with a BAC of .08 or greater. “Actual physical control” means that you are in the driver’s seat of a motor vehicle with the motor running.

• Illinois DUI Law
  

  In Illinois it is illegal to drive or be in actual control of a vehicle if your Blood Alcohol Concentration is greater than .08, or if you are under the influence of alcohol, or if driving with a combination of drugs and alcohol in your system that impairs your ability to safely operate the vehicle, or if you are driving with any amount of marijuana in your system.

• Indiana DUI Law
  

  Driving under the influence in the state of Indiana with a blood alcohol content of .08 - .15 can result in a Class C misdemeanor with a maximum jail term of sixty (60) days. In addition, the offender may be fined up to $500.

• Iowa DUI Law
  

  It is illegal in Iowa to operate a motor vehicle with a Blood Alcohol Concentration .08 or greater or while under the influence of drugs and/or alcohol.

• Kansas DUI Law
  

  In Kansas it is against the law to drive with a blood alcohol concentration of .08 or greater. It is also illegal to operate a vehicle while intoxicated with drugs, alcohol, or a combination of the two to the point that you are prevented from safely operating the car.

• Kentucky DUI Law
  

  Kentucky has two standards – a blood alcohol level of .08 or greater and the subjective standard of Driving while Under the Influence of alcohol.

• Louisiana DUI Law
  

  It is illegal to operate a motor vehicle in Louisiana with a blood alcohol concentration of .08 or greater. It is also illegal to operate a vehicle while under the influence of any combination of drugs or alcohol.

• Maine DUI Law
  

  In Maine it is illegal to operate a motor vehicle while under the influence of intoxicants or while your blood alcohol level is .08 or greater.

• Maryland DUI Law
  

  Maryland law provides that anyone driving with a Blood Alcohol Concentration of greater than .08 or more at the time of testing is under the influence of alcohol per se.

• Massachusetts DUI Law
  

  In Massachusetts, if you are driving with a blood alcohol level of greater than .08, you are considered to be driving drunk.

• Michigan DUI Law
  

  Michigan makes it illegal to operate a motor vehicle with a blood alcohol concentration of greater than .08. Additionally, it is illegal to operate a motor vehicle while you are visibly impaired by alcohol or other drugs.

• Minnesota DUI Law
  

  It is illegal in Minnesota to drive, operate, or be in physical control of a motor vehicle with a blood alcohol concentration of .08 or greater. For commercial vehicles, the level is .04 or greater.

• Mississippi DUI Law
  

  Mississippis drunk driving statute encompasses all of the following levels of intoxication:
  Driving under the influence of liquor.
  Driving under the influence of any other intoxicating substance.
  Driving with a Blood Alcohol Concentration of .08 or greater.

• Missouri DWI Law
  

  Consuming alcohol while operating a motor vehicle is a crime in Missouri. It is classified as an infraction and carries a $200 fine. It is also illegal to drive a car while intoxicated or in a drugged condition.

• Montana DUI Law
  

  It is illegal in Montana to drive or be in actual physical control of a vehicle on a public road while you are under the influence of drugs and/or alcohol.

• Nebraska DUI Law
  

  In Nebraska, it is illegal to operate or be in actual physical control of a vehicle while under the influence of drugs and/or alcohol or with a BAC of greater than .08.

• Nevada DUI Law
  

  It is illegal in Nevada to drive or be in actual physical control of a motor vehicle with a BAC of .08 or greater or while under the influence of drugs or alcohol.

• New Hampshire DUI Law
  

  It is illegal to drive or attempt to drive in New Hampshire with a BAC of .08 or greater.

• New Jersey DUI Law
  

  New Jersey makes it illegal to drive while under the influence of drugs, alcohol, or any combination of the two, or to drive with a Blood Alcohol Concentration of .08 or greater.

• New Mexico DUI Law
  

  It is illegal in New Mexico to operate a vehicle while under the influence of drugs and/or alcohol to the extent that you are incapable of safely driving it. It is unlawful to operate a car with a BAC of .08 or greater and unlawful to drive a Commercial Vehicle with a BAC of .04 or greater.

• New York DUI Law
  

  In New York the legal limit is .08, but it is also illegal to drive while under the influence of any combination of drugs and/or alcohol that impairs your ability to operate a motor vehicle.

• North Carolina DUI Law
  

  North Carolina prohibits driving while intoxicated, which is defined as driving with a blood alcohol concentration of .08 or driving under the influence of an impairing substance. In a commercial vehicle, the legal limit is a blood alcohol concentration of .04.

• North Dakota DUI Law
  

  It is illegal to drive or be in actual physical control of a vehicle on a North Dakota highway with a BAC of .08 or greater or while under the influence of alcohol and/or drugs.

• Ohio DUI Law
  

  Ohio provides two standards for drunk driving: (A) driving while under the influence of alcohol, a drug of abuse, or a combination of the two and (B) driving with a Blood Alcohol Level of .08 or greater.

• Oklahoma DUI Law
  

  In Oklahoma, it is illegal to drive, operate, or be in actual physical control of a motor vehicle when your blood alcohol level is .08 or greater or you are under the influence of alcohol or any other intoxicating substance to an extent which renders you incapable of safely operating the vehicle.

• Oregon DUI Law
  

  It is illegal in Oregon to operate a vehicle while under the influence of drugs or alcohol, or to drive with a BAC of .08 or greater.

• Pennsylvania DUI Law
  

  Pennsylvania has four levels of impairment:
  Driving while impaired to the extent that you cannot safely operate a vehicle (no minimum limit).
  Driving while intoxicated, BAC between .08 and .10.
  High rate of alcohol, BAC of between .10 and .16.
  Highest rate of alcohol, BAC of greater than .16.

• Rhode Island DUI Law
  

  It is illegal in Rhode Island to operate a vehicle while under the influence of any intoxicating drug or liquor. The legal standard for DUI is a blood alcohol level of .08 or greater.

• South Carolina DUI Law
  

  It is unlawful in the State of South Carolina to operate a motor vehicle while under the influence of alcohol and/or drugs to the extent that the driver faculties are materially and appreciably impaired.

• South Dakota DUI Law
  

  It is illegal in South Dakota to drive with a Blood Alcohol Concentration (BAC) of .08 or greater.

• Tennessee DUI Law
  

  It is illegal to drive in Tennessee with any intoxicant, marijuana, narcotic, or other drug that has effects on the central nervous system or with a blood alcohol concentration of .08 or greater.

• Texas DWI Law
  

  Texas law makes it illegal to drive while intoxicated. Texas defines intoxicated as either a blood alcohol content of .08 or higher or not having the normal use of physical or mental facilities due to the consumption of drugs and/or alcohol.

• Utah DUI Law
  

  It is illegal in Utah to operate or be in actual physical control of a vehicle while you have a BAC of .08 or greater or are under the influence of alcohol and/or drugs to a degree that renders you incapable of safely operating the vehicle.

• Vermont DUI Law
  

  It is illegal to operate or be in actual physical control of a vehicle on Vermont highways with a BAC of greater than .08.

• Virginia DUI Law
  

  Virginia Driving While Intoxicated statute, Va. 18.2-226, is expansive, and makes the following illegal: Driving with a Blood Alcohol Concentration of .08 or greater.
  Driving under the influence of alcohol this standard requires the consumption of alcoholic beverages to the point that the individuals manner, disposition, speech, muscle movement, and general appearance is affected enough to be noted by observation.
  Driving under the influence of any drug or combination of drugs that impairs one ability to operate the vehicle.

• Washington DUI Law
  

  Washington makes it illegal to drive or be in physical possession of a motor vehicle if you (a) have a Blood Alcohol Concentration of .08 or greater, (b) are under the influence of intoxicating drugs or liquor or, (c) are under the influence of some combination of drugs and liquor.

• West Viginia DUI Law
  

  It is illegal in West Virginia to drive while under the influence of drugs and/or alcohol or to operate a vehicle with a Blood Alcohol Concentration of .08 or greater.

• Wisconsin DUI Law
  

  Wisconsin makes it illegal to operate a motor vehicle while under the influence of drugs or alcohol to a degree which renders you incapable of safely driving. In addition to this subjective standard, if you have a Blood Alcohol Concentration of .08 or greater, you are guilty of Operating While Intoxicated.

• Wyoming DUI Law
  

  It is illegal in Wyoming to drive with a BAC of .08 or greater or while under the influence of drugs and/or alcohol to the extent that it prevents you from driving safely.