Ask the Dui Lawyer – FAQs on Traffic Offences

Ask the DUI Lawyer – FAQs on Traffic Offences

You cannot exercise your right if you do not know it. This is the reason many people face convictions that far outweighs the crime they allegedly committed.

Knowing the law is for your good, therefore, you should not see it as the sole responsibility of the attorneys and the legal stakeholders alone.

In light of this, this article will proffer answers to some DUI-related frequently asked questions.

Traffic laws are more interpreted by the state judiciary than the federal legislative system. As a result, you should be particular about finding out the peculiarities of these laws in your state.

What Is the Meaning of DUI?

DUI is a legal acronym for one or several traffic offenses by a driver. In full, it means driving under the influence of illegally unacceptable substances for people behind the wheel. These substances are usually things capable of intoxicating and affecting the driver’s sense of reasoning.

Such substances include alcohol, tobacco, heroin, marijuana, cocaine, and other psychoactive substances and items.

What Is the Difference Between DWI and DUI?

The interpretation for both DWI and DUI are different, and so are the offenses in some parts. DWI is an acronym for Driving While Intoxicated/Impaired (depending on state definition), while DUI is a shortened form for Driving Under the Influence.

The practical difference between DWI and DUI is determined by the state and not the federal judicial system. This is because some states consider both offenses as similar, while some term them as different criminal counts.

Can You Still be Alleged a DUI Offender after Passing a BAC Test?

You can still be charged for committing a DUI crime even if you pass the Breathalyzer test. This is the situation in many parts of the country as offenders are first noticed because of some reckless driving action.

So, other reasons you may be convicted of this offense include reckless driving, failing a sobriety test, and a few others.

Can You be Charged as a DUI Offender for Using CBD?

Legally, you cannot be charged for using CBD products that do not exceed the 0.3% THC content. However, we strongly recommend that you stay away from using these drugs when you want to drive.

This is because of the inability to truly ascertain the THC content by law enforcement agents when using a Breathalyzer. Also, many cannabidiol brands are not truthful about the exact amount of THC concentration in the product.

As a result, it will be better to avoid the complications using this product can cause in this regard.

Can a DUI Record be Expunged?

A Driving Under Influence conviction falls under the category of charges that cannot be expunged. This is why alleged offenders should seriously consider all the options presented by their lawyers. Also, this stresses the need to take traffic laws seriously.

Should You Hire a Private Lawyer or a Public Defendant for Your DUI Charge?

You are strongly advised to do all within your power to get a capable private lawyer. This is because of the massive workload of public defendants and how the system is often handled.

Many public defendants selfishly convince the alleged offenders to accept a plea bargain. This is even if the client is innocent of the allegation. To protect your interest in every possible way, you should give serious thought to being represented by a private counsel.

What Are the Possible Penalties for DUI Offenders?

DUI or/and DWI offenders can face legal penalties such as fines, suspension of driving license, community service, and jail time.

You should know that factors such as the location of the offense, the offender’s criminal record, and other factors determine the specificity of the punishment meted out.

Usually, first-time offenders are handed a light penalty. On the contrary, the penalty is more severe for felons and drivers that have a similar criminal history.

Can You Have Your Case Dismissed If You are Not Read Your Miranda Right?

You cannot legally maintain that your DUI case should be dismissed if you are not read the conventional Miranda right. However, this means that your responses to interrogatory questions subsequent to the arrest should not be presentable in court.

However, it is important that you state clearly that you want your legal counsel present from the moment you are arrested. This also means that you should not answer questions until your lawyer is available. For more answers to other FAQs on this subject, you can check here.

On a Final Note

We have gone over some important things you should know if you are faced with a traffic charge. Finally, you should respect every traffic rule as obtained in your state. This is so that your chances of being charged with any traffic offense is minimal or non-existent.

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