Driving under the influence 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:
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.
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:
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 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:
Failure to complete these tasks can give probable cause to detain further or arrest a suspect.
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.
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:
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.
After you are arrested, you will go to a police station or jail to be booked, which includes the following:
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.
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:
Although DUI laws vary among states, the goal remains the same: to prevent impaired driving on the highways. These DUI laws apply to driving 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.
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:
A conviction of DUI is a serious case carrying heavy penalties; hence, it requires legal representation in court.
Court-ordered treatment often comes along with a DUI conviction. Various factors can lead the judge to order alcohol education programs, counseling, or rehab.
Treatment possibilities include the following:
One-time sessions with testimonies from people affected by impaired driving to illustrate real consequences.
Educational programs on alcohol abuse and prevention, lasting from 8 hours to several months, depending on the offense severity.
Individual or group counseling focusing on substance abuse and behavior change, including therapies like CBT and motivational interviewing.
Intensive treatment (30–90 days) involving detox, therapy, and relapse prevention, typically for repeat offenses or high BAC cases.
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 are required. Here’s a general breakdown:
Regular reporting and strict monitoring of conduct, alcohol/drug use, travel, and employment for 6 months to several years. Probationary sentences are normally imposed on offenders of DUI, even for the first time.
Spontaneous breathalyzer or urine tests; failure or refusal leads to immediate consequences.
Breathalyzer installed in vehicle ignition; vehicle won’t start if BAC is above the legal limit.
Mandatory participation in groups like Alcoholics Anonymous (AA) or SMART Recovery to build sober support networks.
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. 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.
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:
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.
A DUI often serves as a wake-up call, even if you don’t feel dependent on alcohol. Taking proactive steps to address underlying issues can prevent future problems. Consider these resources:
Seeking help early is key to regaining control and preventing future DUI incidents.