What is Driving Under the Influence?
Driving under the influence or commonly referred to as DUI is the act of being legally intoxicated or impaired while operating a motor vehicle. If after taking a test, either a breath, blood or urine test and it registers a blood alcohol content of 0.08% then you are considered to be drunk. Minors under the legal drinking age may be declared under the influence at a lower BAC percentage. Keep in mind however, you may be arrested for being impaired even when your BAC is lower than 0.08%.
As a point of reference, when we talk about DUI on this site it is also referring to DWI, OVI and OVMI. (Driving While Intoxicated) (Operating a Motor Vehicle while Intoxicated) respectively. Whatever the acronym they are all equivalent and represent being charged with drunk driving. Without trying to confuse you, there are a few circumstances however where a DUI may represent a lower offense in a DWI state. Having a BAC higher than 0.08% would be called a DWI while a DUI would apply to motorists with a BAC of less than 0.08% who are still deemed to be impaired and thus incapable of driving safely. Due to all of the confusion this is why it is so important to hire an Attorney that specializes only in drunk driving defense. Their will be a handful of questions that a qualified, dui defense attorney will know to ask right away. There are also certain things that you do not want to say or submit to without first speaking to a local qualified dui defense attorney.
The penalties for DUI range from state to state but we have listed here a general overview of what you might be facing. Please take the time to visit our City Specific DUI Defense Attorneys page to find a local DUI attorney that practices in your city where the arrest took place. In addition to the penalties that we will mention following this paragraph keep in mind that at the time of your arrest the arresting officer will take your drivers license. Your license will be returned at the end of the suspension or revocation, and after you pay a $125 reissue fee to the DMV along with proof of financial responsibility. This fee will be $100 if under age 21 and suspended under the Zero Tolerance Law. If it is determined that there is not a basis for the suspension or revocation, the license will be issued or returned.
Penalties for a DUI
The days of the local police officer slapping you on the wrist and escorting you home are long gone. Drunk driving accidents and deaths are simply to dangerous and happening far too often. That is why every year, DUI laws and penalties become more severe. In some cases they can be more extreme than in a felony case. You must understand the consequences if you choose to drink and drive. Depending on the jurisdiction,
• First time offenders may be fined $1,500 and also placed on probation.
• In addition, the court and/or DMV may take your driver's license. This license may be critical if needed to get to and from your job.
• Your car could be impounded and ignition "interlocks" could be required.
• You will have to attend special DUI schools, which usually cost hundreds of dollars.
• Many states impose a jail sentence for first offenders. A second conviction will almost certainly include jail.
• Other penalties include suspension of a license of up to one year for the first offense.
• Three years for the second offense and five years for the third offense.
• Having the license revoked permanently.
• Performing community service is usually a condition of the sentence.
• Also, there are fines ranging from $200 to thousands of dollars plus impound fees, court costs, attorney fees.
DUI’s are expensive along with embarrassing. The entire incident consisting of bail, a DUI defense attorney, treatment programs, and fines can reach over $10,000 more if an accident took place and far more severe punishment if a death resulted from a crash or collision. Further, car insurance rates will increase thousands of dollars over the next few years because you now fall into a high-risk category. Lastly, a criminal conviction can be placed on your record. All of this because you had too much to drink and you didn’t seek help or a ride home.
You are most likely a good person that made one stupid mistake. A caring, yet aggressive dui defense lawyer can help you right this wrong. Visit our list of local DUI Defense Attorneys to find a local attorney for you.
Other sanctions include:
• Vehicle sanction - could include impoundment for about six months depending on the offense, registration revocation and having an ignition interlock device attached.
• Mandatory sanction - which requires minimum punishments set by the state or particular county laws that may include jail, fines, license suspension – just to name a few.
The law states that drivers under the age of twenty-one are not allowed to have alcohol in their systems while driving. If caught, they can face their license being taken away for one year. A minor found with blood alcohol content over the legal limit of .08 can be sentenced as an adult. This is known as a Zero Tolerance Law. This license can be suspended for four months providing it is a first time offense. A second offense that occurs within ten years can result in a license suspended for one year.
Drunk driving convictions can impact employment opportunities and the offender’s future. Drivers with a DUI on their record will find they will not be able to get professional driving jobs, such as delivery vans or taxi drivers.