Driving Under the Influence, or DUI, sometimes called Driving While Intoxicated (DWI), depending on where you live, is serious, legally speaking, and can affect your life in a major way. So, let’s run through what could happen if you get convicted of a DUI.
Keep in mind the actual penalties, depending on the case factors. This includes the state, any prior DUIs, how impaired you were, and if there were aggravating circumstances, such as having a child in the car or a high BAC.
If you are facing DUI charges, you should never wait to contact a DUI attorney near you to start building a strong defense.
How Does the Law Define DUI?
First, though, let’s make sure we understand each other about what a DUI actually is. So, legally, you’re considered driving under the influence if your blood alcohol concentration (BAC) hits or goes over the legal limit.
That’s usually 0.08% in most states. But, and this is important, you can still receive a DUI even if you’re under 0.08%, or if there’s other evidence suggesting you’re impaired. If you were swerving all over the road, speaking incoherently, or failing a roadside sobriety test, those things can land you in trouble. Therefore, it’s about impairment, not just a number.
Now, BAC – that’s Blood Alcohol Concentration – tells you how much alcohol is in your bloodstream. It’s measured in grams per deciliter (g/dL). Lots of things may affect your BAC, like how much you drank, how fast you drank it, how much you weigh, whether you’re male or female (biology matters), your metabolism, and whether you ate anything that disturbed your chemical balance.
Penalties for First-Time DUI
Okay, so what happens if it’s your first DUI? In this case, the penalties may swing widely. It depends on the jurisdiction and details of your situation. But, in general, you’re looking at the following penalties.
Jail Time: Even for a first offense, you could see the inside of a jail cell. It could be days or months. If your BAC was super high or there were other bad factors, they might have mandatory minimum sentences.
Fines: Get ready to open your wallet. Fines can be pretty hefty, ranging from a few hundred to thousands of dollars.
Driver’s License Suspension: Your license could be suspended, meaning you can’t drive legally for a while. This could be months to a year or longer. Sometimes you can get a restricted license to drive to work or other important places, though.
Probation: You’ll be supervised by a probation officer and must follow certain rules, such as checking in regularly, taking drug and alcohol tests, and doing community service.
DUI Education Programs: You might have to attend classes about the dangers of drunk driving and get resources for substance abuse treatment.
Ignition Interlock Device (IID): This device is installed in your car and requires you to blow into the electronic system before starting the engine. If it detects alcohol, the car won’t start.
Increased Insurance Rates: A DUI will almost certainly make your car insurance go way up. Some companies may refuse to insure you at all.
A DUI lawyer can minimize the penalties you face, such as fighting for probation instead of jail time, and seeking the reinstatement of your license as soon as possible.
Second or Subsequent DUI Penalties
Now, if you get a second DUI or subsequent DUIs, things get a lot more serious. The penalties are harsher because repeat offenders are seen as a much bigger risk. When it comes to public safety, the legal system definitely doesn’t hold back in responding to DUI offenses. Penalties tend to escalate quite a bit with repeat offenses.
Jail time, for instance, generally gets longer, and you’ll often find mandatory minimums thrown in. A second offense could mean months, maybe even years, behind bars. And a third? That could land you in state prison.
Fines also increase steeply. Forget about those first-time offender amounts; we’re talking potentially thousands of dollars.
Then there’s the driver’s license suspension. Think a few months is bad? Try for several years. In some really extreme situations, the suspension could even be permanent.
Believe it or not, your vehicle might be impounded or forfeited to the state, depending on where you live.
Felony Charges
Now, here’s where it gets serious: felony charges. Depending on the jurisdiction and how many DUIs you’ve had, you might be looking at a felony charge. Translation: lengthy prison time and losing certain rights.
Substance Abuse Treatments
Mandatory substance abuse treatment is frequently part of the deal for repeat offenders. It’s as though the system is saying you need help even if you don’t agree.
Enhanced Monitoring or Checking
Expect enhanced monitoring – think of electronic ankle bracelets or seeing a probation officer regularly.
Aggravating Factors in DUI Cases
Some aggravating factors can increase penalties, and you need a DUI attorney to minimize the effects of these factors on your case.
The BAC is Notably Over the Legal Limit
If your BAC is significantly over the legal limit (say, 0.15% or higher), the penalties could easily double or even triple.
Accidents Causing Injury or Death
Did you have an accident that caused injury or death? Felony charges or a charge of manslaughter mean that significant prison time is possible..
Driving Impaired with a Minor as Passenger
Did you have a minor in the car at the time of the DUI? You’re adding child endangerment to the DUI charge. Expect even more jail time.
Reckless Driving/Speeding
Reckless driving or speeding, in addition to a DUI, can lead to more charges and increased penalties. It just shows a pattern of disregard for the safety of others.
Driving When Your License Has Been Suspended
Driving on a suspended license after a previous DUI? You’re just digging yourself deeper with more charges and penalties.
DMV Administrative Penalties
There are also administrative penalties, and these are applied by the state’s Department of Motor Vehicles (DMV). Administrative license suspension can happen regardless of the outcome of the criminal case. This is separate from what the court orders and often kicks in pretty soon after the arrest.
Drivers do have the right to request a hearing to challenge this, but let’s be honest, they’re often an uphill battle. Sometimes, you are allowed a hardship license, letting you drive to work, school, or medical appointments. It’s something, at least.
Long-Term Consequences
And then come the long-term consequences that people often underestimate.
Finding Employment or Keeping a Job
Finding or keeping a job can be really tough with a DUI conviction, particularly if it involves driving or requires a clean record.
Difficulties with Traveling Outside the U.S.
Traveling to some countries might be restricted or downright impossible if you have a DUI on your record. In Canada, you usually must show that you received rehabilitation.
Forfeiture of Your Professional License
Professional licenses, like those for doctors, lawyers, and teachers, can be affected.
Social Stigma
Let’s not ignore social stigma. A DUI can affect your personal relationships.
Financial Burdens
Paying the costs of a DUI can lead to considerable financial strain. Legal fees, fines, and the hike in insurance rates all contribute to a potentially overwhelming burden. It’s more than just a wrist slap, financially speaking. Your relationships and social standing also have an impact.
Consult with a DUI Lawyer
Given what’s at stake with a DUI charge, securing representation from a DUI lawyer is essential. They’re equipped to guide you through the maze of legal proceedings, safeguard your rights, and investigate any available defenses. An experienced DUI attorney is really the only way to have the best possible result.