View this video here

[GRAPHIC: THOMAS A FOLEY, ATTORNEY AT LAW, 302-658-3077, WWW.TOMFOLEYLAW.COM, 1905 DELAWARE AVENUE | WILMINGTON, DE 19806]

THOMAS A FOLEY: DUI is probably the most common charge that good law-abiding citizens come and see me about. Almost everybody at some point in their life has drank one too many glasses of wine or had one too many beers. And they didn't think that they were committing a crime when they got behind the wheel of the car.

There's a common misconception that a DUI case is won or lost based upon a person's reading or the fact that they're over 0.08. And that's not where a DUI case is won or lost. Was there a legal basis for the officer to stop their vehicle? Was there a legal basis for the road block in question? Was there probable cause to take the person into custody and transport him back to the police station, where the test was administered?

I've prosecuted and defended hundreds of DUI cases over the past 20 years. People are often very embarrassed and ashamed when they come see me that they've been charged with driving under the influence because the allegation sort of has a stigma to it. And I always make a point of putting the charge, although serious, in proper perspective. No one was hurt. No one was killed. And it's something that may be a speed bump in their life. But we're going to deal with it.

[GRAPHIC: THOMAS A FOLEY, ATTORNEY AT LAW, 302-658-3077, WWW.TOMFOLEYLAW.COM, 1905 DELAWARE AVENUE | WILMINGTON, DE 19806]