DUI simply means driving under the influence of alcohol, drugs, or any other substance that impairs one’s ability to drive safely. It creates a significant hazard to themselves and others on the road.

Of the leading causes of traffic fatalities, the leading offenders are DUI offenses. In 2022 alone, about 13,524 people died from alcohol-impaired driving crashes; that is one person every 39 minutes. These kinds of deaths are preventable, which means education and enforcement must continue.

What Does Driving Under The Influence Mean?

Driving under the influence or DUI is a criminal offense in all states. By impairment, they mean not just from alcohol but from illegal drugs, prescription medications, and even over-the-counter drugs. Some states take to naming the offense DUI. Others call it DWI for driving while intoxicated, but the key factor remains the same—operating a vehicle with impaired abilities.

• Substances that can impair driving include the following:
• Illegal drugs like marijuana or cocaine
• Prescription medications, such as opioids or benzodiazepines
• Over-the-counter medications containing dextromethorphan or antihistamines
• Volatile chemicals or inhalants

In cases of DUI alcohol, the blood alcohol concentration (BAC) serves as the standard measurement. Most states consider it illegal to drive while having a BAC of 0.08 g/dL or higher.

What Is A DUI Charge?

A charge of DUI means that a driver operated a vehicle while under the influence of alcohol, drugs, or other substances. Impairment is determined by the police through field sobriety tests or blood alcohol concentration (BAC) measurements.

Key aspects that make one get a DUI charge include:

• A BAC over the legal limit (0.08 or lower in some states)
• Evidence of impairment in one’s ability to operate a vehicle, even if below the legal BAC limit

The consequences of a DUI conviction can be quite harsh and vary from state to state. Possible punishments include fines, license suspension, attendance in addiction treatment programs, and even imprisonment. For those below 21 years or commercial drivers, zero tolerance is usually allowed, meaning even the tiniest amount of alcohol will get them retained.

What Happens During A DUI Test Or Checkpoint?

The police at DUI checkpoints or during any traffic stop examine the driver to see whether they are under the influence of alcohol and drugs. This usually starts with an officer observing you drive erratically or displaying other suspicious signs of impairment. Most officers use several field sobriety tests and may use chemical tests in assessing intoxication levels.

Field Sobriety Test

Field sobriety testing (FST) refers to a process whereby the officer may determine impairment. Tests in this category evaluate coordination, balance, and the ability to follow instructions. Some common FSTs include:

• Walk-and-Turn: This test requires walking heel-to-toe in a straight line, then turning and returning.
• Horizontal Gaze Nystagmus Test: This is done by following an object with the eyes to see involuntary eye movements.
• One Leg Stand: Stood on one leg for 30 seconds, balancing while counting out loud.

Failure to complete these tasks can give probable cause to detain further or arrest a suspect.

To better understand how law enforcement determines impairment, it’s helpful to learn about the process of field sobriety testing and its role in identifying drunk drivers.

Blood Alcohol Content (BAC) Testing

The most common method of measuring the amount of alcohol a driver has consumed is by BAC testing. A breathalyzer test estimates a driver’s level of alcohol presence in the breath, and when the reading is at 0.08% or higher, an arrest for DUI generally occurs. Other chemical tests may be done using blood or urine to detect alcohol or drugs.

What Happens if You Refuse to Submit to a Breathalyzer or Chemical Test?

Refusing to take a breathalyzer test or chemical test usually brings with it automatic penalties, as most states have “implied consent” laws. That is, you have, in effect, consented to taking such tests when you drive. Possible penalties for refusing include:

• Immediate arrest
• Fines, as well as other legal consequences
• License suspension (often found for 6 months to multiple years)
• In some cases, even refusal is admitted in court as evidence of guilt itself.

What Happens After A DUI Test?

Depending on how you would have taken the field sobriety or chemical tests, law enforcement may arrest you for DUI if they have probable cause. The arresting officer will, by and large, read you your rights and arrest you.

Getting Arrested for DUI

After you are arrested, you will go to a police station or jail to be booked, which includes the following:

• Taking your mugshot
• Fingerprinting
• Confiscation of personal belongings
• Placing in a holding cell

You can be released on your own recognizance, depending on your first offense. Other, more serious cases may require bail or further action through the court system. Aggravating factors to consider include prior offenses, a high BAC, injuries, or property damage that would significantly affect whether you remain in custody or are released.

How much does getting a DUI Cost?

The financial costs of a DUI are huge and can far outweigh fines alone. On average, the cost of a first offense maybe $10,000, not counting lost wages or personal impacts. Typical costs include the following:

• Fines: The average fines amount to $650 for a first-time offense. For second/third offenses, fines range from 1,500 to $7,500.
• Attorney Fees: Legal costs range from $1,000 to $10,000 depending on the complexity of the case.
• Vehicle Towing and Impound: Expect to pay around $500 to have your car towed and stored.
• Ignition Interlock Device (IID): The yearly cost to install and maintain an interlock device averages around $1,500.
• Insurance Premiums: A DUI can cause your insurance premiums to skyrocket, often totaling an additional $3,000 over the course of several years.
• Alcohol Education and Treatment: Court-mandated programs for a first offense can cost roughly $1,000.

What are DUI Laws?

Although DUI laws vary among states, the goal remains the same – to prevent impaired driving on the highways. These DUI laws drive a vehicle with a BAC of 0.08 percent or higher for adults. For commercial drivers, this limit is usually at 0.04 percent BAC. In drivers under 21, zero tolerance laws apply, with any detectable amount of alcohol penalized.

DUI laws also apply to impairment caused by drugs, including prescription medications and controlled substances. “Driving While Intoxicated (DWI)” is a separate charge applied by some states, though the two terms often overlap due to jurisdiction. Consequences for such violations of law related to DUI can even be quite serious: from fines and imprisonment to suspension of driving license and mandatory treatment programs.

Appearing In Court For DUI

If one is arrested for a DUI, there is a requirement to appear in court for a hearing called an arraignment. An arraignment is a court hearing where several things will happen:

• The judge will inform you of the charges against you.
• You will be required to enter a plea in the form of guilty, not guilty, or no contest.
• The judge will order whether you are to be released on bail or held in custody pending your trial.
• Future dates in court will be assigned, which may include pre-trial conferences or the actual trial.

A conviction of DUI is a serious case carrying heavy penalties; hence, it requires legal representation in court.

Getting A Lawyer Or Public Defender

Hiring a DUI attorney or accepting a public defender will make all the difference in your case outcomes. The DUI attorney is articulate in negotiating reduced sentences, suppressing evidence if possible, or dismissing. They can also guide you through trial if necessary.

Public defenders are appointed for defendants unable to afford private representation. Often, their caseloads are very heavy, which may indicate less time can be devoted to a single case. In some instances, this is the reason plea bargains are dealt with, where the defendant accepts lesser charges and forgoes trial.

The cost of a DUI attorney can range from $3,000 to $30,000, depending on how experienced the attorney is and how complicated your case is. However, investing in legal support may potentially minimize long-term consequences. For example, avoiding higher fines, longer sentences, and permanent marks on your record.

What Is Court-Ordered Treatment For DUIs?

Court-ordered treatment often comes along with a DUI conviction. Various factors can lead the judge to order alcohol education programs, counseling, or rehab, including:

• The levels of BAC at the time of the arrest.
• Prior convictions of DUI.
• Whether the request for chemical testing was refused.
• Aggravating factors include accidents, injuries, or property damage.

Treatment possibilities include the following:

Victim Impact Panels And Classes

These are one-time sessions featuring testimony from people who were impacted by driving while impaired, usually to illustrate the real-world consequences of DUI offenses. It aims to personalize and make the consequences real so as not to have any violations occur in the future.

DUI Schools

The DUI schools provide education on alcohol abuse, how these drive under influence incidents occur, and how they can be healed and prevented in the future. These may range from classes of a minimum of 8 hours to several months, depending on the severity of one’s offense.

Outpatient Counseling Or Therapy

The judges may also sentence both individual and group counseling about substance abuse, behavioral modification, and other issues. Therapies, such as cognitive-behavioral therapy (CBT) and motivational interviewing (MI), are applied widely in the pursuit of correcting faulty behavior and reducing recidivism.

Inpatient Or Residential Rehab

Intensive inpatient treatment may include a severe sentence by the judge in cases of repeated offenses or high BACs. Generally, these programs last anywhere from 30 to 90 days and involve detoxification, treatment, and relapse prevention. Inpatient treatment is also likely for a second or third offense of DUI, which often involves addiction.

What Happens After DUI Treatment?

The DUI treatment itself is only part of this recovery and legal process. In fact, after the treatment, many other conditions are generally imposed on the individual to avoid penalties or probation violations. Some common requirements include:

Supervised Probation

Supervised probation includes periodic reporting to a probation officer and strict observation concerning alcohol or drug use, travel, employment, and conduct. It may be imposed for a period ranging from six months to up to several years, depending on the offense and the specific laws of the jurisdiction.

Random Drug or Alcohol Testing

Probation officers can also sentence offenders to random tests to detect drugs or alcohol. These can be spontaneous and may include the use of breathalyzers or urine tests. Consequences are immediate if a test is failed or refused.

Ignition Interlock Device (IID)

The ignition interlock device is essentially a breath analyzer installed in the ignition system of a vehicle. Prior to the car’s ability to start, a driver must blow into it. The vehicle will not start if a driver’s BAC is above the legal limit.

Support Group Attendance

Many people convicted of DUI are ordered to participate in support groups like Alcoholics Anonymous (AA) or SMART Recovery. The goal of such meetings is to help the offender build a sober support group and focus on ways to avoid repeat offenses.

Community Service For DUI

The number of hours imposed for community service for DUI varies depending on which state it is in and the facts of the case. Obviously, the graver the offense, the more community service hours applied. Here’s a general breakdown:

• 24–40 hours in cases of BAC levels below 0.15%.
• 40–80 hours for BACs between 0.15% and 0.20%.
• More than 80 hours for very high BACs above 0.20% or if aggravating factors such as accidents/injuries occur.

Repeat offenders may be required to do even more community service, with some states doubling and/or tripling the necessary hours for community service. Offenders are normally presented with a list of pre-approved organizations where they can choose to do their service, including food banks, public parks, or even youth mentoring programs.

Failure to complete the required number of hours may mean violations of probation, extended time on probation, and/or jail time.

Probation After DUI

Probationary sentences are normally imposed on offenders of DUI, even for the first time. The time and terms to be imposed during the probation period depend on the circumstances surrounding the case, including the offender’s BAC level and associated accidents or injuries.

• First-time offenders with lower BACs may face probation of six to nine months.
• Higher BACs, or incidents that cause injuries may result in one or two years of probation.
• If caught repeatedly or in a severe instance, one can be sentenced to three to five or even more years of probation, especially if states are quite strict about DUI.

Probationers must comply with conditions of probation ordered by the court, which can include staying away from alcohol or drugs, remaining employed or in school, attending counseling, paying fines, and performing community service. Failure often triggers rapid and grave penalties, which can include being jailed.

Can I Go To Rehab Instead Of Jail After A DUI Conviction?

Some judges will substitute a portion of one’s jail sentence for DUI offenders by sentencing them to enter inpatient rehab. But again, it would depend on some variables such as criminal history, BAC during the time of arrest, and whether an accident or injury had occurred.

First-time offenders who had lower blood alcohol content levels than others and no prior criminal history are usually more likely to get approved for rehab over jail.

This is especially true for individuals whose only crime was a BAC just barely over the legal limit, so their sentences allow them to take part in rehabilitation programs. Even in those cases, one may still face certain fines, suspension of a license, and orders to install an “ignition interlock device.”

While for repeat offenses, high BAC levels, or accidents involving injury and/or property damage, rehab is less likely to be considered as a substitute for serving time in jail.

How Can DUIs Affect Employment?

A DUI conviction can have severe consequences in one’s career concerning present employment and future prospects. The severity of the impact often depends on the nature of your job, your employer’s policies, and state laws.

A DUI may impact your employment in the following ways:

Professional License Suspension: Most professions are licensed by the state, including doctors, lawyers, and real estate agents. A conviction of DUI may lead to the suspension or revocation of such licenses, thus barring one from practicing in their field.

Commercial Driver’s License (CDL) Suspension: A DUI automatically puts the risky suspension of a commercial driver’s license over the heads of transporters, logistic providers, and delivery services.

Security Clearance Denial: Jobs requiring security clearance, for instance, in government or defense, may become off-limit after a DUI since this charge raises concerns about decision-making and reliability.

Ultimately, whether or not DUI affects employment depends upon company policies, the nature of employment sought, and which state the individual is in.

Is A DUI A Sign That I Have A Problem With Alcohol?

Getting a DUI does not necessarily involve one with an alcohol use disorder, but it should raise a red flag. This is an opportunity to step back and reevaluate one’s relationship with alcohol to make necessary life-changing adjustments that will prevent any future repercussions.

Statistics indicate that 25%–40% of DUI offenders will be rearrested for impaired driving within three to five years if untreated for alcohol abuse. Driving under the influence is evidence of a decision-making error, to be sure, but it is also one that places personal and public safety at risk.

If you were charged with DUI, take some time to evaluate your drinking behavior, particularly for signs of dependence or damage to relationships, jobs, or health. Attempting an alcohol assessment or consulting a health professional will assist you in determining if you require any help in managing your drinking habits.

Finding Additional Help After A DUI

Even if you don’t feel that you are “dependent” on alcohol, a DUI is often a real wake-up call. Taking proactive steps to heal any underlying issues can save future headaches. Consider consulting the following resources:

• Counseling

Professional counselors can help you determine what may underlie your use of alcohol and provide you with other ways of dealing with stress and triggers.

• Rehabilitative Inpatient/Outpatient Care

In extreme cases of alcohol dependency, rehab centers would provide an enabling environment for the treatment of such dependency either as an inpatient for intensive care or an outpatient who visits regularly.

• Support Groups

Groups like Alcoholics Anonymous (AA) or SMART Recovery offer community-based support and tools to help resist cravings and prevent relapse.

• Medication

There are medications, like naltrexone, that help further in reducing cravings when this medication is taken in conjunction with therapy.

It is better to be safe than sorry and get help to avoid engaging in dangerous drunk driving behaviors again. Reaching out to a treatment provider can be the first step toward regaining control and preventing future DUI-related incidents.