Driving under the influence is one of the most common infractions on the road. It is an extremely serious charge that can land you jail time and, even worse, injure other people. Although it’s a universal problem in the US, the way it’s being processed varies from state to state.
“Whatever the case might be, you’re looking at court appearances and fines,” warns Aaron M. Black, a Phoenix DUI lawyer found at AaronBlackLaw.com. But it doesn’t stop there. Drunk driving can, in one way or another, affect your professional and social life, as well as your mental wellbeing.
Definition of Drunk Driving
DUI is short for “driving under the influence.” In other words, it is a situation where a driver is caught having high levels of alcohol or drugs in blood while operating a motor vehicle. The reason why DUI is so heavily sanctioned is because the person cannot properly operate the vehicle, thus endangering other participants in traffic.
Each country and state has different rules of what is considered a legal alcohol limit. If you’re in the US, you must not exceed 0.05% or 0.08% BAC (blood alcohol content) when driving a car or a truck. Alternative acronyms for DUI are DWI (driving while impaired) and OUI (operating under the influence).
People caught drunk driving usually feel remorse after the act. Depending on the situation, they might even experience anxiety or depression. So, even if you did hurt someone in the process and you believe you’re not worthy of assistance, it is vital to talk with a psychiatrist after such a traumatic experience.
Getting Arrested
When a person gets caught driving under the influence, they will be read their rights and placed into a police vehicle. The officer will take the driver to the police station or jail. Upon arriving at the premises, the police will take fingerprints and photos of the person. They will also check the driver’s background, specifically prior convictions.
The entire experience is rather frightening for people. Just going to jail can be traumatic, especially if you never had any run-ins with the law. The good news is that many states will allow you to go home the same day. All you need to do is pay bail or have someone pick you up and drive you home.
In other cases, you might have to appear in front of the judge, who will determine the conditions of your release. If you’re short on cash, you can hire a bail bonding company to help you.
Appearing in Court
Appearing in a court will prolong and deepen the trauma for the driver. In many cases, a person gets a ticket that tells them when and where to appear.
Although you can fight the charges, this tactic is usually useless. Many drivers plead guilty or deny the infraction, in which case, they will be shown a video of them failing the sobriety test. Given that US police officers are equipped with car and personal cameras, it is rather easy to gather the evidence against you.
This is why it’s usually much better to come clean off the bat. Otherwise, the judge might consider your behavior disrespectful and increase your fine/jail time.
Losing the License
The thing that’s the same for all states is that you’ll lose your driver’s license. Even if this is your first infraction, you’ll still lose the option to drive your vehicle for a certain period. However, there are exceptions to this rule.
For example, certain states have something that’s called a “hardship license.” With this type of license, you’ll still be able to operate your vehicle, but only in certain situations (when going to work or driving kids to school). Nevertheless, you’ll be severely penalized if you stray away from this rule.
In some cases, you might lose your license immediately during the initial police stop. Some people don’t want to take the blood test or breathalyzer, in which case, police have the right to suspend your license on the spot.
Covering the Fines
If you’re convicted of DUI, you’ll also have to pay a fine. Each state has its own rules regarding the minimum and the maximum fine. Nevertheless, the amount you need to pay could be increased if you’re assessed with additional penalties.
For example, if you injure someone or damage someone’s property during drunk driving, the fine will be significantly increased. The majority of states will force you to cover the DUI court costs.
Serving Your Probation
Unless you’re sentenced to jail time, you will likely get hit with probation work after getting caught driving under the influence. Every judge has the right to decide the terms of your probation work. If you don’t perform your probation work as instructed, you’ll likely end up in jail.
States have general rules that prescribe the probation length. For example, in certain states, your punishment cannot last longer than a year. As with other parts of your sentence, the probation can be extended if there were additional infractions involved during the police stop or following it.
It is also worth noting that DUI is an offense that can turn into a felony after getting caught several times. Each state can enact legislation that dictates when DUI turns into a felony. For example, in states such as New York, your second drunk driving will become a felony. In Nevada, getting caught for the third time will turn offense into a felony.
Going to Jail
Many American states are introducing stricter and stricter laws to counter the DUI problem. Depending on the state you’re in, you might serve jail time even if you’re a first-time offender.
The good news is that this jail time is short, just enough for you to get sober and realize the consequences of your actions. Most drivers are kept for a day or two, a time that you can serve during your free weekend. Unfortunately, although you won’t serve a lengthy punishment, staying in jail might have a negative impact on your psyche.
The consequences are much more dire for repeat offenders. If this isn’t your first offense, you might be kept in jail for more than just a few days.
What to Do if You’re Caught DUI?
There’s no two way about it – if you’re caught, just follow the police’s instructions. The most important thing is not to dig an even bigger hole. Depending on the situation, you might also want to hire a reputable lawyer to represent you in front of a judge.
Ideally, you shouldn’t drive while under the influence in the first place. Just by getting an Uber, you can save yourself a lot of money and retain your license.
