DUI Defense Laws

Driving under the influence may refer to alcohol, prescription drugs and other substances or a combination. DUI punishment has increased dramatically, as states are serious about reducing DUI related fatalities. There are DUI laws that may be used to defend drivers that are unfairly charged or to reduce punishment.  

• The offender must appear before a judge in the court case.


• Administrative Per Se case is filed by the Motor Vehicles Department to take administrative action against the driver. A driver may request a hearing to contest the Administrative Per Se case and protect the driver’s license; however, there is a time limit.


• One might argue that the Administrative Per Se case places an offender in double jeopardy, not so since this is an administrative action only. Many defense attorneys believe this is an exception to the Constitution.


• The legal intoxication level limit is now .08 percent blood alcohol content in all 50 states. While it is against the law to drive with a blood alcohol concentration over the legal limit, it is possible that the accuracy and integrity of the chemical test results may be questionable. 


• The word and opinion of the arresting law enforcement officer may prove suspect. 


• Evidence may be challenged and reasonable doubt may be argued.


• There are laws prohibiting the driver, passengers or both from opening a container of alcohol in the occupant compartment of a vehicle in 43 states.


• Penalties include mandatory alcohol education programs and ignition interlock devices.


• Fines for DUI have increased along with jail sentences and driver’s license suspensions.


• Vehicles driven while impaired by alcohol may be seized from multiple offenders in 30 states.