Common DUI/DWI Questions

Sun, May 30, 2010

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Often, people have many questions and concerns regarding DUIs and DWIs. This article will seek to better explain your rights, and when you should seek an attorney when dealing with DUIs and DWIs.

What is the difference between a DUI and DWI?
Both DUI and DWI are legal terms that refer to driving under the influence of illegal alcohol or drugs. The state requirements and laws regarding a DUI or DWI vary. DUI refers to “driving under the influence,” while DWI refers to “driving while intoxicated.” Typically, a DUI offers less harsh punishment and reflect lesser intoxication than a DWI. Often, a DWI can be reduced to a DUI with the aid of a lawyer.

If the police stop me, should I answer questions they may ask regarding drinking?
If a police stops your vehicle and proceeds to question you, you are not bound to answer any questions he or she asks. Instead, you may respectfully request to speak with an attorney before answering any questions. If you have only had 1 or 2 drinks, it should not be a problem to simply say you have had a drink. You should also understand, however, that a police officer may be recording everything you say from the moment he or she approaches you, or even beforehand.

If police stop me for a DWI investigation, do I have the right to an attorney?
Often, people misunderstand the extent of their legal rights when asked to submit to a breath, blood, or urine test. You do have the option to take the test or not, however, in varying states you may receive harsh penalties for not taking the test if found to meet the DUI or DWI requirements. You also do not have the right to speak with an attorney until after an investigation has been conducted, even if that investigation ultimately means you are taken to jail. However, it is beneficial to ask respectfully if you may speak with an attorney and express this desire in a polite way.

These are just a few questions people often have regarding DWIs and DUIs. If you are in the position of having a DUI or DWI, be sure to consult a defense attorney to help you every step within your case.

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