DUI: Frequently asked questions

| Mar 26, 2021 | DWI |

Drunk driving can lead to harsh penalties, even if you aren’t far over the limit. What you may also not know is that you don’t have to be over the limit to be charged.

It’s fair to have questions about how DUIs work and what to expect if you’re charged, because there are many variances in how the laws are applied. Here are three of the most common DUI questions and the answers that you may be looking for.

Common questions about DUIs

  1. Can you be arrested if your blood alcohol content is under .08%?

The first question people have is if you can be arrested if your BAC is under .08%. The simple answer is yes. This is because you can be impaired with a BAC below that amount or with substances that don’t produce a BAC result at all.

If the officer claims you’re too intoxicated to drive, they will collect other supporting evidence such as the results of bloodwork or field sobriety tests.

  1. Will you lose your license even without a conviction?

Yes. In fact, if you are arrested for a DUI in North Carolina, then your license will immediately be revoked for up to 30 days. You have the ability to pay a fine to the court to get it back during that period of time. You can also seek a hardship license if you don’t want to go to court, which is something to discuss with your attorney.

  1. Are field sobriety tests accurate?

This is a fantastic question. When used together, field sobriety tests are around 82% accurate. That’s not perfect, which is why it is a good idea to challenge the results if you fail a test. There are plenty of reasons why a person might not pass a field sobriety test, so it is reasonable to point those out. For example, past head injuries, diabetes, balance issues, seizure activity and other physical or psychological issues could impair your ability to complete the tests accurately.

Your attorney can work closely with you to protect you if you’re accused of a DUI. It is important to protect your rights.