Frequently Asked Questions
About DUI Defense

Stay calm and polite. You are not required to answer questions beyond providing identification, license, and registration. Politely decline field sobriety tests—they are subjective and can be used against you even if you pass.

You are required to take a chemical test (breath or blood) in most states, but you can request a blood test instead of breath—it is more accurate and harder to challenge later.

Contact us immediately. Time is critical for DMV hearings and preserving evidence. Do not wait until your court date—call now so our team can start building your defense and supporting you.

Document everything you remember: time of arrest, officer's behavior, weather conditions, any medical issues, and what was said during the stop.

Generally, no. Field sobriety tests are subjective and designed to be failed. They are not scientific—officers look for any sign of impairment, even if you are sober.

You can politely decline without legal penalty in most states (unlike chemical tests). However, refusal can be used against you in court, so we recommend discussing your specific situation with our team before deciding.

That does not mean you are guilty. Field sobriety tests have numerous flaws that our team can challenge in court, including:

• Poor administration by the officer
• Unsuitable testing environment (uneven ground, poor lighting)
• Medical conditions affecting balance
• Natural variations in eye movement
• Officer bias and confirmation bias

The NHTSA-standardized tests are:

1. Horizontal Gaze Nystagmus (HGN): Officer watches your eyes follow a pen or finger, looking for involuntary jerking.
2. Walk-and-Turn: Nine-step test requiring heel-to-toe walking on a line with turns.
3. One-Leg Stand: Stand on one foot for 30 seconds while counting aloud.

In most states, yes—under "implied consent" laws. By driving in the state, you have agreed to submit to chemical testing if arrested for DUI. Refusal can result in automatic license suspension and additional penalties.

However, breath tests have known issues: calibration errors, mouth alcohol contamination, medical conditions like GERD, and officer error. Our team can challenge the results if you choose to take the test.

Blood tests are more accurate and harder to challenge, but they also provide more evidence for the prosecution. Breath tests can be challenged on calibration and administration grounds.

If you are unsure, request a blood test—it is more defensible if there are issues with your breath result. Our team can help determine the best strategy based on your specific situation.

You can still be charged with DUI if the officer believes you were impaired, even below 0.08%. This is called "per se" impairment.

However, a BAC under 0.08% makes it easier to challenge the case. Our team can argue that your performance on field tests was affected by factors other than alcohol, such as fatigue, medical conditions, or nervousness.

A DMV hearing is an administrative proceeding separate from your criminal DUI case. Its purpose is to determine whether your driver's license should be suspended or revoked.

You have only 10 days (in most states) from your arrest to request this hearing. If you miss the deadline, your license is automatically suspended—regardless of what happens in criminal court.

Your license will be automatically suspended by the DMV, typically for 30 days (first offense) or longer. This happens even if your criminal charges are dismissed or you are found not guilty.

The good news: Our team can request the hearing on your behalf and often get a stay of suspension until the hearing is held, giving you time to fight both cases simultaneously.

It depends on your case. In many states, you can apply for a restricted license that allows driving to work, school, and treatment programs—even with a suspension.

Our team can help you navigate the process, file the necessary paperwork, and argue for the most favorable outcome possible. Some clients have kept their full licenses through successful DMV hearings.