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9 S 11th Street
Lexington, MO 64067
Telephone:
660-259-2277
Fax:
660-259-4445
E-mail:
sch@classicnet.net
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Lexington, Missouri Drunk Driving Lawyers
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Frequently Asked Questions on Drunk Driving
What is DUI?
DUI is shorthand for "Driving Under the Influence." A person
is guilty of DUI if he or she drives or is in actual physical
control of a motor vehicle and is under the influence of alcoholic
beverages or any chemical or controlled substance to the extent
that his or her mental faculties are impaired or when his or
her blood alcohol level (BAC) is above the legal limit for the
state.
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Does the car have
to be moving for me to be guilty of DUI?
No. You can be arrested for DUI by driving while over the legal
BAC in your state or while impaired. But, you need not actually
operate the car in order to be arrested. You can still be found
guilty if you had the capability and power to dominate, direct,
or regulate the vehicle, regardless of whether you were exercising
that capability or power at the time of the arrest. In other
words, simply sitting behind the wheel with the keys in the
ignition can lead to your arrest for DUI by being in "actual
physical control" of the car.
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Can I still be
in trouble for driving, even if my BAC is below the legal limit?
Yes. It is also unlawful to drive with your "normal faculties"
impaired. "Normal faculties" are those faculties of a person,
such as the ability to walk, talk, judge distances, drive an
automobile, make judgements, act in emergencies, etc.
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Do I have to submit
to a breath, blood, or urine test?
No. However, refusing such tests is generally not a good idea.
The laws of most states permit the motor vehicle department
to suspend your privilege to drive. In addition, your refusal
to submit to a test upon the request of a law enforcement officer
is admissible in any criminal proceeding against you as evidence
of you consciousness of guilt. By accepting the privilege extended
by the laws of most states to drive, the courts have determined
that you have given your consent to submit to an approved chemical
or physical test of your breath for the purposes of determining
your BAC, and to a urine test for the purposes of detecting
the presence of drugs. Therefore, when you sign your name on
your license, you are saying that if stopped for a possible
DUI, you will accept to take the test.
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If I am arrested
for a DUI, will I lose my license? Yes,
the law enforcement officer will seize your license if you are
arrested for DUI with an unlawful BAC or after you refused to
submit to a chemical or physical test. Your license will be
seized, and the officer will issue you a traffic ticket, which
acts as both a temporary driver's license and as your notice
of suspension.
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How long will I lose
my license?
This will vary from state to state. However, if you have refused
to submit to a chemical or physical test, your license will
likely be suspended for a period of one year for a first refusal,
or for eighteen months if you have previously refused to submit
to such a test. If you have an unlawful BAC, your driving privilege
will likely be suspended for six months for a first offense,
and one year for a second offense.
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What else will happen
to me?
Once again, this varies from state to state. But more than likely,
you will be given a jail term. Most states require a mandatory
one-night stay on the first offense. In addition, most second
offenses within five years, results in a mandatory 30 day jail
term and a third offense usually results in a sentence of no
less than ninety days. Furthermore, your insurance company may
discontinue its coverage or at the very least, assign you to
a high-risk category, resulting in a substantial increase in
your premiums.
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Can I fight my DUI
arrest?
Yes. You may request a review of the driver's license suspension
by the department of motor vehicles within a specified number
of days following your arrest. At a formal review, the hearing
officer is authorized to administer oaths, examine witnesses
and take testimony. If you request an informal review hearing,
it shall consist solely of an examination by the department
of the written materials submitted by the arresting officer,
as well as anything you wish to submit. You generally cannot
attend an informal hearing.
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Is there anyway
to avoid a DUI?
It sounds simple, but don't drink and drive. Take a taxi, designate
a driver, walk, call a friend, but no matter what, do not drink
and drive.
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