If you get arrested for drunk driving–or driving under the influence (DUI)–various legal proceedings will follow. From appearing in court to serving probation, here’s all you need to know.
More than 1.5 million people in the United States are arrested for either DUI or driving while intoxicated (DWI) offenses every year. The difference between a DUI and a DWI offense depends on the result of a breathalyzer test. If a person tests over the legal limit of 0.08%, they will usually be charged with a DUI. If the result of the breathalyzer test is under 0.08%, but a law enforcement officer still deems the person as being too impaired to drive, they will usually be charged with a DWI. It is worth remembering that being impaired to drive could be caused by drugs or alcohol, and different states may give a different charge depending on their rules.
Some people might think a DUI isn’t a big deal, since there are so many charges every year. However, having a DUI can be quite serious. In the most basic circumstances, a DUI is often classed as a misdemeanor. Although this is still a criminal offense, the maximum sentence is one year in jail, but it is often a fine or probation instead of jail time. A DUI can escalate into felony charges in some circumstances, such as being a repeat offender, causing a road accident, or testing significantly higher than the legal limit. People who have had a DUI can lose their driving license, their job, and it can have a significant impact on family relationships.
Here are some of the other key things you need to know if you get a DUI.
Going to the Police Station
If you are arrested on suspicion of being drunk while driving, you’ll be taken to a police station for processing. There is a possibility you could be released quite quickly after this, if someone can pick you up and pay your bail. It is becoming more common for all drunk driving offenders to spend some time in jail, however, so it’s possible you will have to spend a night in jail.
Court Appearance
When you are arrested, you will be given some documentation stating when you will have to appear in court for the DUI charge. How long you will have to wait for your court date varies from state to state. It is highly advisable to get a lawyer for this, as they will understand the process and the consequences of the plea you choose to make–keep reading here for more information. Remember that most law enforcement officers will have had some form of video recording equipment running at the time of your arrest, which could be played in court.
Losing Your License
If you get a DUI, you will lose your driving license for a period of time. How long you lose your license for depends on the state and the severity of your particular offense. Your lawyer may be able to help you get a hardship license in some situations, which would allow you to drive to and from work or your place of education. However, all other driving privileges would be removed for as long as the court decides.
Paying a Fine
Another mandatory part of getting a DUI is having to pay a fine. The amount you have to pay depends on the rules in your state, as well as the severity of your offense. For example, you will have to pay more if you caused a car crash or harmed other people. In most states, it is also necessary for DUI offenders to pay the court costs of hearing and processing their case.
Probation
Although even first-time offenders can get jail time, many people with a DUI are more likely to serve probation instead of going to jail. For more serious offences, it is possible for offenders to serve both jail time and probation. The length of probation you will have to serve depends on what the court rules. It is also worth knowing that probation has a cost attached to it too, as offenders must pay to cover the costs of the authorities supervising their probation period.
Next Steps
Paying fines, and serving probation and jail time is not the end of the DUI process. Most offenders will have to undergo an evaluation before they are allowed their driving license back. This is to determine if you have a pattern of alcohol or substance misuse that could continue to make you a dangerous driver. Most people with a DUI conviction also have to get a special type of car insurance in order to be allowed to drive again. Some states even stipulate that people who have had DUI convictions need to have a special device installed in their cars. This device will only allow the ignition to turn on if the driver passes a breath test.