Last updated March 12, 2010
DUI/DWI - Drunk Driving
DUI stands for driving under the influence, while DWI stands for driving while intoxicated or impaired. It’s important to realize that a person may be charged with DUI/DWI or drunk driving while operating other vehicles besides cars. Drivers of boats, motorcycles, and airplanes may also face DUI/DWI charges if they are driving under the influence of alcohol or drugs.
First, you will be arrested. This usually occurs when a police officer notices strange behavior in the defendant and issues a sobriety test and possibly a breathalyzer test. If the defendant fails these tests he or she will be taken into custody and arrested. A police officer may arrest a defendant if the police officer witnesses the crime (or sees the defendant driving erratically first hand) or if the police officer has probable cause to arrest. Many criminal defense attorneys will challenge the legality of the arrest in a court of law. When a person is arrested for DUI or DWI proper legal formalities must be followed, if they aren’t the charges may be dismissed. A DUI/DWI criminal defense attorney will look into the nature of the arrest to see if the defendant’s civil rights may have been violated or if the arrest was unlawful.
Once an arrest has been made, the defendant will be booked into jail and will await bail proceedings. It is important to contact your criminal defense attorney immediately and not to speak to anyone regarding your case. Your attorney may be able to have your bail significantly reduced or if there is adequate reason, request that you be released on your own recognizance. This means that you would not need to post bail. The penalties for DUI/DWI are very severe and may vary from state to state. It is imperative that you seek the services of a qualified DUI/DWI attorney to handle your case.
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