DUI Laws

Individual state law mandates DUI offenses and penalties. If you are found guilty on a DUI in any state, however, you will discover that the expense associated with the conviction is high. If your DUI involves an accident, injury, or death to another person, the costs and penalties will significantly escalate.

Basically, most states agree that penalties for a first-time DUI offense results in court fees, attorney fees, bail, fees for probation, interlock devices, towing of your car, alcohol treatment, and possible court-ordered restitution. These may be included in the terms of your probation, but there will be fee’s associated with each requirement, including the fee that is due when you schedule a visit with your adult probation officer.

You will be asked to submit to a blood alcohol test, or a field sobriety test, at the time of your arrest. If an accident or injury to another person has occurred, a blood alcohol test can be administered without your consent. You do have the right to refuse a roadside breath test, but in some states, you will lose your license for six months for refusing.

Once you are formally charged with DUI, you will have a hearing or court date set. The law requires that if you cannot afford to hire an attorney, the state will appoint you one. The attorney appointed to your case will be paid by the county where your case will be heard.

If you are convicted, a DUI conviction could result in you being sentenced to jail, but varies depending on the number of alcohol or drug-related offenses you have had in the past, or other criminal convictions you may have. For first time DUI offenders, you could be sentenced from six to 12 months in jail, plus a loss of driving privileges.

You may be eligible for probation instead of spending time in jail. This will hinge on your past criminal record, and will normally involve driving restrictions. Your drivers license could be suspended for up to one year. As part of your probation, the court may order a device to be placed on your vehicle that requires a breath sample before the car will start. This machine measures alcohol content. If the reading indicates alcohol, the ignition will remain locked, and a report will be sent to your probation officer, which could result in possible revocation of your probation.

In addition to the legal expenses and possible jail time, your insurance company may cancel your automobile insurance. The company may also require that you get a Certificate of Responsibility, known as an SR-22, which would also be filed with the court.

State penal codes vary for second and third time DUI offenders, but are normally severe, regardless of the state you are in. Many states agree that if you are convicted of DUI within 10 years of a prior DUI conviction, jail time will range from 120 days to one year. However, some states are mandating that for a third conviction, every prior DUI will be counted, no matter the length of time between them. Court fines, and fees paid to the state will be increased for each DUI conviction. You will most likely be required to surrender your driver’s license for up to three years after two or more convictions.

Most states mandate a blood alcohol limit at .08. Anything over, and you will face DUI charges. If you have a minor in your vehicle at the time, have a licensed handgun in your possession, or there is an accident or injury involved, your charge will be considered an automatic felony.

If you carry a commercial drivers license, anything over a .04 alcohol level that will result in DUI charges, and the loss of your commercial driving privileges. If you own the commercial vehicle you are driving, you could also lose your commercial insurance.

DUI Laws Penalties:

Driving under the Influence also known as DUI can carry stiff penalties. With the increased number of DUIs that have resulted in death, injury, and destruction of property, lawmakers have begun implementing even harsher penalties for this irresponsible act. Many of the legal consequences for driving under the influence of an impairing substance vary by state but there are some punishments that are consistent from state to state. If convicted, offenders can face steep fines, community service, probation, and even jail time.

If a person is suspected of driving under the influence, and is stopped by a police officer, the officer is bound to request that the driver to submit to a field sobriety test and/or a chemical test. The suspected offender can then refuse to submit to any of the tests, however, implied consent is meant to be a deterrent from that happening. Again, as with DUI penalties, the implied consent laws can vary from state to state. Generally, under implied consent laws, any individual who operates a vehicle on any public road in their respective state have automatically consented to being subjected to a DUI chemical. Failure to do so could result in the administrative license suspension of the motorist’s drivers license for up to one year, if it can be proven that the driver had a specified blood alcohol concentration. Worse yet, in some states under implied consent laws, if a suspected DUI motorist refuses a chemical test, he/or she could still be forced to submit a blood sample in order to determine an accurate blood alcohol concentration. Additionally, the refusal will stand and still may result in an administrative license suspension for up to one year.

It goes without saying that when an individual drinks and drives they are putting other motorists as well as themselves at risk. DUI implies that there is an impairment of motor and sensory skills resulting from the consumption of alcohol or even drugs. Regarding blood alcohol concentration, which is the primary determination of impairment again, many states have different laws regarding the legal limits. Generally, with the majority of the states, 0.8% is the legal limit. Statistically, this is the standard because a blood alcohol concentration of 0.8%, increases the risk of a motor vehicle accident by more than 60%. If, during a chemical analysis is is discovered that a driver has had over the legal limit in their system, they can almost count on a DUI conviction. vehicle after certain fines and fees have been paid. It goes without saying that the seizure of a vehicle is meant to be a deterrent for drinking and driving.

Although alcohol consumption is legal (over 21), drinking and driving is not. There are just too many horrible consequences that can result from that one irresponsible decision. Not only do offenders put themselves at risk, they also put at risk so many others. It can put a toll on a person mentally and financially as well. The penalties associated with driving under the influence are not worth the risk.

DUI Laws Consequences:

A DUI is something that no one wants on their driving record. It shows that you are not a responsible driver and do not respect the laws set forth for everyone. As a result of receiving a DUI you will have points against your license and your insurance rates will rise. Too many DUI’s may even result in a suspension of your driving for a period of time, possibly even the loss of a driver’s license permanently. Many establishments offer taxi rides to those who have too much to drink during a holiday season or may be impaired in some way. So take advantage of these courtesies for your safety and the safety of others.  DUI’s mean that police officials are always on alert when you drive, others may not want to be a passenger in your vehicle or you may only be permitted to drive at certain times.

A DUI not only hurts you as a driver but it affects your driving record and insurance costs. DUI’s mean anytime you want to renew or change policies this DUI will show and your rates will increase. A DUI stays on a driver’s record for a number of months or years, so it is not worth drinking and driving. Adults that insure their teenagers will be at risk as well. If your teenager receives a DUI and they are covered under an adult policy, this very well may affect one or both parties with their insurance rates and/or driving records. Insurance costs will increase upon renewal. Comparing rates will reflect the same high costs. DUI’s affect everyone in one way or another. Increased insurance rates, loss of a license and accidents that could have been prevented by not drinking and driving. We all have to be responsible drivers, follow the rules and regulations that are constantly enforced to ensure everyone is safe on our highways. To disregard these rules means we all affected in one way or another. Heading to work, school, shopping and running errands. We want to arrive at our destination safe and sound. DUI’s can and do affect drivers anytime day or night.