Understanding DUI’s From a Greensboro Attorney


Many people who have been arrested for a DUI want to know how long it will take to fight the case. The process may take anywhere from one to four months, with some cases taking as long as nine months. If you are wondering how to fight a DUI, get in contact with a DUI attorney as soon as possible to learn the specifics of the dui process in your state. You may spend about several initially between meetings with your lawyer and treatment. Here are some pointers from the experienced Greensboro Attorneys over at Lawsmith.net.

DUI laws encourage an ounce of prevention

TGreensboro Lawyerswo fundamental rules in the DUI laws largely determine whether or not you are cited for driving under the influence: First, a police officer must have probable cause for stopping and questioning you. And, second, in all fifty United States, the law regards you as legally intoxicated if your blood alcohol content measures 0.08.

Although swerving and driving erratically do not automatically constitute violations of the law, they often give officers probable cause for stopping you. More frequently, the police will stop you because they have received anonymous tips that you are driving under the influence. If the police officer detects even the faintest sign of intoxication as he or she questions you, the interrogation may proceed to field sobriety testing and chemical testing. Most law enforcement agencies use “breathalyzer” tests, and those tests are legally admissible when police officers properly administer the tests. If the police stop you after suspicion of drunk driving, you may request a blood test instead of the breathalyzer, but many states require you to surrender your driver’s license if you request a special test or refuse to test altogether.

The concentration of alcohol in your bloodstream is a result of your weight, metabolism, and rate of consumption. For most people, one drink per hour will keep them under the legal limit, and blood alcohol calculators are widely available via the internet. “One drink” means beer, a glass of wine, or a standard shot of “hard” liquor-the kind of alcohol makes no difference in your blood alcohol content.

DUI laws outline the basics of a DUI defense

If you carefully follow the requirements of the DUI laws, you can trace the outlines of a strong legal defense. Because conviction on a charge of driving under the influence carries very serious consequences, you should retain experienced, aggressive legal counsel to represent you in a DUI proceeding; but to participate fully in your own defense, you also should understand how the DUI laws can turn to your advantage.

First and most importantly, the arresting officer must have probable cause for stopping you. Anonymous tips in the absence of clear signs that your driving skills are impaired will not stand-up under the court’s scrutiny. Similarly, minor driving errors-when they endanger no one and do not, in and of themselves, constitute moving violations-do not give an officer probable cause for a stop. The same rules apply to field sobriety testing: if, during the officer’s interrogation, you gave no clear indication that you had been drinking or were under the influence of alcohol, the officer has no good reason to conduct field sobriety testing. If the officer should not have stopped you or did not have good grounds for testing you, then the DUI laws require that the court dismiss your case.