DUI or Driving under the influence is the act of driving the motor vehicle under the influence of alcohol or other intoxicating drugs that impairs the driving ability. Based on the jurisdiction, it may also be refered to as Driving while intoxicated (DWI), Operating while intoxicated (OWI), Driving while impaired (also, DWI), operating a motor vehicle while intoxicated (OMVI), operating a vehicle while impaired (OVI), and Driving While Ability Impaired (DWAI).
Driving under the influence of alcohol or drugs is a serious offense in United States as a substantial number of accidents, deaths, injuries and damages to personal properties are caused by alcohol or drug-impaired drivers. Therefore, every state has established strict laws against DUI.
Police officers are always on the lookout for any suspicious driving behavior. If they observe any vehicle that drives dangerously fast, turn abruptly, stop inappropriately, almost strikes another vehicle, is not driving on designated lane or any similar suspicious behaviour that appears as a threat to both the driver as well as other drivers then, they (police officers) can legally pull over the suspicious vehicle.
Then the officer may observe general signs of intoxication in the driver such as alcohol odor in their breath, slurred speech, and incoherency. If the driver shows such signs then the officer can subject the driver to the Field Sobriety Tests that test one's coordination, balance and motor skills.
The most commonly administered field sobriety tests include:
One leg stand test
Horizontal gaze nystagmus test
The Rhomberg balance test
Walk and turn test
Finger to nose
Finger count
Reciting the alphabet backwards
Counting the numbers backwards
These tests can help a police officer determine the driver's level of impairment. If the driver fails these tests then he/she is asked to perform a blood alcohol content test (BAC).
BAC can be calculated in 3 ways: 1) Blood test 2) Breath test 3) Urine test. But most states only administer breath test by using a breathalyzer device to determine the BAC of an individual. Each state has set a legal BAC limit, which is usually 0.08% for individuals who are 21 years or above and 0.02% for those who are under 21.
If the individual's BAC level is above the legal limit i.e., above 0.08% then he/she is proved to be under the influence of alcohol and is immediately charged with a DUI.
Driving under the influence of drugs and prescription medication
Driving under the influence of drugs (legal or illegal) and prescription or over-the-counter medication are considered as similar to driving under the influence of alcohol and the concerned individual can be charged under the DUI.
Drivers License Suspension
Suspension of drivers license will occur immediately after a DUI arrest and a temporary license is issued which will be valid only for 30 days. To regain the drivers license back after 30 days, it is required to request a DMV hearing (or administrative hearing) within 10 calendar days of the arrest. If failed to contact DMV within 10 days the license suspension will be automatically extended to another 30 days.
DUI Defense
Hiring a DUI defense lawyer is the crucial thing to do after a DUI arrest. A DUI defense lawyer is specialized in DUI defense and knows how to lower the defendant's charges, or win the case.
DUI penalties
DUI penalties can be very severe. The severity of the penalty depends on number of DUI offenses an individual have.
The penalties for a first offense DUI conviction may include jail time up to 6 months, driver's license suspension up to a year, fines between $500 and $2000, and community service.
The penalties for a second offense DUI conviction and above (2nd, 3rd and 4th) get more severe and may include jail time from 1 - 10 years, driver's license suspension from 2 - 5 years, fines between $1000 and $10,000, community service, alcohol treatment program, probation, and installation of ignition interlock device.
If an individual has caused property damage, or accident and has prior DUI convictions, then the DUI offense is charged under felony.
The penalties for underaged DUI offenders can be very strict compared to those who are above 21 years old first-time DUI offenders.
SR-22 Auto Insurance
DUI can greatly affect auto insurance rates. Most auto insurance companies will drop the driver from their insurance plan if he/she gets a DUI. And most states require DUI offenders to enroll in high-risk auto insurance policy known as SR-22 policy from their auto insurers. SR-22 policy is required by the DMV to reinstate the drivers license after a DUI which an offender is required to keep for a minimum of 3 years since the date of his/her driving privileges were restored.
After effects of a DUI
A DUI on an individual's record can greatly affect his/her life. It can stay on the record for 10 years or more. It mainly affects one's current job as well as future job opportunities. DUI can show up on an employment background check and most companies will not hire an individual with a DUI on their record.
DUI Expungement - Clearing DUI Record
The law gives a privilege to the DUI offenders to get back to their normal life after a DUI conviction by permitting them to expunge their DUI conviction record.
DUI expungement is a legal process of removing DUI arrest or conviction history from the criminal record. After expunging DUI records, it is not necessary to disclose DUI conviction on a job application since it never shows up on a background check. But certain jobs require one to disclose the conviction. Not all states have the option to expunge DUI record.
Total DUI Expenses
DUI is expensive and costs vary by state. Total DUI expenses can include:
Bail and bond fees
Court fees
Lawyer fees
Auto insurance premiums
Criminal fines
License reinstatement fees
Probation fees
Drug and alcohol rehabilitation program fees
Ignition interlock device fees
Towing and storage fees
