DUI: Understanding Driving Under the Influence

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:

• 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.

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 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:

• 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.

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:

• 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.

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:

• 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.

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.

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:

• 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.

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.

Community Service

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:

• 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.

Supervised Probation

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.

• 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 the state is quite strict about DUI.

Random Drug or Alcohol Testing

Spontaneous breathalyzer or urine tests; failure or refusal leads to immediate consequences.

Ignition Interlock Device (IID)

Breathalyzer installed in vehicle ignition; vehicle won’t start if BAC is above the legal limit.

Support Group Attendance

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:

• A Professional License Suspension, which bars one from practicing in their field.
• Commercial Driver’s License (CDL) Suspension is especially difficult for the heads of transporters, logistics providers, and delivery services.
• Security Clearance Denial because jobs requiring security clearance, for instance, in government or defense, may become off-limits after a DUI.

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:

• Counseling: Professional counselors can help identify triggers and provide healthier coping strategies.
• Rehab Programs: In cases of alcohol dependency, inpatient or outpatient rehab offers structured treatment and support.
• Support Groups: Organizations like Alcoholics Anonymous (AA) and SMART Recovery provide peer support to resist cravings and avoid relapse.
• Medication: Medications such as naltrexone can reduce cravings when combined with therapy.

Seeking help early is key to regaining control and preventing future DUI incidents.