DUI Charges: Understanding Your Rights and Legal Options
January 31, 2025
JD Law Group
If you or a loved one has been charged with a DUI, don’t face it alone. Contact JD Law Group today for a confidential consultation and let us fight for your rights and future.

Driving Under the Influence (DUI) is a serious offense that carries severe legal consequences, including fines, license suspension, and even jail time. If you are facing DUI charges, it is essential to have a skilled legal team on your side. JD Law Group, co-founded by Douglas B. Chanco and Joshua G. Schiffer, provides aggressive defense strategies to protect your rights and minimize the impact of a DUI charge.
What Constitutes a DUI Charge?
A DUI charge can arise when a driver operates a motor vehicle under the influence of alcohol, drugs, or any substance that impairs their ability to drive safely. Law enforcement officers often determine impairment using breathalyzer tests, field sobriety tests, or blood tests. The legal blood alcohol concentration (BAC) limit in most states is 0.08%, but even lower levels can lead to charges in certain circumstances, such as if a minor is in the vehicle or the driver exhibits dangerous behavior.
Common Causes of DUI Arrests
DUI charges can arise from various circumstances, often due to law enforcement’s suspicion of impaired driving. Common causes of DUI arrests include:
- Alcohol Consumption: Exceeding the legal blood alcohol concentration (BAC) limit of 0.08%.
- Drug Impairment: Prescription or illegal drugs affecting cognitive function and motor skills.
- Erratic Driving: Swerving, speeding, or failing to obey traffic laws, leading to police stops.
- DUI Checkpoints: Law enforcement officers stopping vehicles at designated locations to check for intoxicated drivers.
- Reckless Driving Behavior: Operating a vehicle aggressively, weaving between lanes, or ignoring traffic signals.
- Driving with an Open Container: The presence of open alcohol in the vehicle can increase suspicion of intoxication.
Understanding how the arrest occurred is crucial in developing a strong defense. JD Law Group examines the details of each case to identify weaknesses in the prosecution’s argument.
The DUI Arrest Process
When a driver is pulled over on suspicion of DUI, law enforcement follows a structured process, including:
- Observation of Driving Behavior – Officers look for signs of impairment such as erratic driving or failure to obey traffic laws.
- Field Sobriety Tests – Standardized tests, including the horizontal gaze nystagmus (HGN), walk-and-turn, and one-leg stand, may be administered.
- Breathalyzer Test – Officers may use a portable breath test (PBT) to estimate BAC levels.
- Arrest and Chemical Testing – If impairment is suspected, the driver is taken into custody and subjected to further testing, including blood or urine analysis.
- Booking and Charges – After chemical testing, charges may be formally filed based on the results.
Knowing your rights during this process is essential. JD Law Group advises clients on how to handle DUI stops and challenges any violations of due process.
Legal Defenses for DUI Charges
Individuals charged with DUI have several legal defenses available, depending on the specifics of their case. Possible defenses include:
- Improper Traffic Stop: If law enforcement lacked probable cause to pull you over, the charges may be challenged.
- Faulty Breathalyzer or Blood Test: Inaccurate or improperly administered tests can be disputed.
- Medical Conditions: Certain medical conditions can affect BAC readings and mimic signs of intoxication.
- Violation of Rights: If an arresting officer failed to follow legal procedures, evidence may be inadmissible.
- Lack of Evidence: If no strong evidence supports the claim of impairment, charges may be dismissed.
- Rising BAC Defense: Alcohol absorption rates can lead to BAC levels rising after the driver is stopped but before testing occurs.
JD Law Group’s attorneys carefully evaluate each case to craft the most effective defense strategy.
Consequences of a DUI Conviction
A DUI conviction can have severe consequences, including:
- License Suspension: Temporary or permanent revocation of driving privileges.
- Fines: Substantial financial penalties depending on the offense level.
- Jail Time: Sentences can range from days to years in severe cases.
- Mandatory Rehabilitation Programs: Enrollment in alcohol or drug education courses.
- Increased Insurance Rates: DUI convictions can lead to significantly higher premiums.
- Employment Consequences: Many employers view DUI convictions negatively, impacting job opportunities.
- Ignition Interlock Device Requirement: In some states, convicted drivers must install a breathalyzer in their vehicle to prevent future offenses.
JD Law Group fights to reduce or eliminate these penalties, helping clients regain control of their lives.

How JD Law Group Defends DUI Clients
JD Law Group provides comprehensive legal representation by:
- Challenging Evidence: Scrutinizing field sobriety tests, breathalyzer results, and police reports.
- Negotiating with Prosecutors: Seeking plea bargains or reduced charges when applicable.
- Aggressive Court Representation: Presenting strong arguments before judges and juries.
- Guidance on License Reinstatement: Assisting clients in navigating administrative hearings and restoring their driving privileges.
- Developing Custom Defense Strategies: Tailoring defenses based on the unique circumstances of each case.
If you are facing DUI charges, contact JD Law Group for a consultation to discuss your case and explore your legal options.
Alternative Sentencing for DUI Offenders
In some cases, alternative sentencing options may be available, including:
- Diversion Programs: First-time offenders may qualify for alcohol education and rehabilitation programs instead of jail time.
- Community Service: Courts may allow offenders to complete community service instead of harsher penalties.
- House Arrest or Electronic Monitoring: Some courts offer home confinement as an alternative to incarceration.
- Sobriety Monitoring: Offenders may be required to participate in random drug and alcohol testing programs.
JD Law Group explores every possible option to secure the best outcome for clients facing DUI charges.
Steps to Take After a DUI Arrest
If you have been arrested for DUI, follow these steps:
- Remain Silent – Do not provide self-incriminating statements.
- Request an Attorney – Contact JD Law Group immediately.
- Document the Arrest – Take note of any details that may be relevant to your defense.
- Follow Legal Advice – Adhering to attorney guidance increases your chances of a favorable outcome.
Why Choose JD Law Group?
JD Law Group stands out for its dedication to protecting clients' rights in DUI cases. With extensive experience and a history of successful case outcomes, our attorneys provide aggressive legal defense strategies tailored to each client’s situation.
If you or a loved one has been charged with a DUI, don’t face it alone. Contact JD Law Group today for a confidential consultation and let us fight for your rights and future.
Article written by
JD Law Group LLC.