Consequences of DUI (Driving Under the Influence) or DWI (Driving Under the Influence)
A DUI/DWI (Driving Under the Influence/Driving Under the Influence) is a serious driving offense that can have serious long-term financial and legal consequences. While this article is not intended to provide free legal advice, it will outline the general procedures and potential consequences of receiving a DUI/DWI ticket or being involved in a DUI/DWI accident.
Legal advice will be state specific and is best sought by consulting an attorney familiar with DUI/DWI cases in your state. An experienced DUI/DWI attorney may be able to dismiss his case entirely or reduce his sentence if he is convicted. An attorney can determine if your constitutional rights were violated and if the arresting officer followed protocol.
WHEN YOU ARE STOPPED BY A POLICE OFFICER FOR DUI
If an officer has reason to suspect there is a problem, they may pull you over to investigate and make sure you are not driving under the influence of alcohol. In some cases, you may have swerved to avoid a pothole, or you may have taken your eyes off the road for half a second to change the radio station and crossed the double yellow line. Regardless of the circumstances, an officer is required to pull you over and run various tests to ensure your safety and the safety of other drivers.
FIELD SOBRIETY DUI TESTS
The first sets of tests, called Field Sobriety Tests, were developed to test your coordination and balance. They are the horizontal eye test, the walk and turn test, and the one leg stand. Each of these tests is designed so that a sober person can pass without problem.
While they do not provide the officer with a specific blood alcohol level, they do allow the officer to judge your ability to operate a motor vehicle. Some people, such as those with a physical disability or the elderly, will naturally not be able to perform these tests and an officer will rely on the breathalyzer to make the decision to arrest you.
HORIZONTAL EYE EXAM BY DRINKING AND DRIVING OFFICER
During the horizontal visual test, the officer will ask you to follow your finger using only your eyes and without moving your entire head. A sober person (assuming no age or physical impairments) will have no problem with this exercise, but someone who is intoxicated will show abnormal eye twitching. Based on his findings, the officer will shine a light in his eyes and check for pupil dilation.
PASS AND TURN DUI TEST
The next test will be the Walk and Turn. There must be a flat surface for the officer to request this test, and you must demonstrate the ability to walk at least nine steps from heel to toe before turning around and returning to the officer. Again, if the road surface is not flat and the officer cannot draw a straight line for you to follow, this test should not be done because the result will be biased in favor of your arrest.
DRINKING AND DRIVING TEST STANDING WITH ONE LEG
One leg stand also requires a level surface. You will be asked to stand on one leg for a short time with both hands at your sides, and then you will have to switch legs. It is important that all of these tests are performed as age or physical impairment may bias one or all of the results.
Once the officer determines that you are intoxicated based on these tests, you will be asked to take a breathalyzer test. He will breathe into the breathalyzer and calculate your blood alcohol level. In all states, you are considered legally intoxicated if your blood alcohol level is 0.08 or higher, and only 0.02 if you are under twenty-one. If he fails the field sobriety and breathalyzer tests, he will be read his rights and arrested. He must remain in jail until someone posts bail and receives a sentencing hearing date.
LEGAL ORDER OF PROCEEDINGS RELATED TO DUI TICKETS:
1. Preliminary hearing 2. Referral 3. Jury trial
After the initial arrest, you will be given a preliminary hearing date so that a judge can review your case and determine if there is sufficient evidence for the case against you. In very rare cases there is not enough evidence against you and the next court date will be for your arraignment. During the arraignment, you will hear all the charges against you and will be asked to enter a “guilty” or “not guilty” plea.
SEEK A LAWYER EXPERIENCE
It is imperative that you have an experienced DUI attorney to guide you through the process and help you clarify the seriousness of the charges filed against you. Depending on the circumstances of his case, he may request a jury trial if he believes he is innocent and does not accept the options offered to him at arraignment.
Requesting a jury trial can be very complicated as witnesses and experts will be called to testify for and against your case. If you choose to go this route, your attorney should have the appropriate experience in DUI cases to help reduce your sentence or have your case dismissed altogether.
CONSEQUENCES OF DRIVING UNDER THE INFLUENCE
There can be serious consequences for receiving a DUI ticket and these consequences will increase in severity depending on the number of similar offenses you have had and whether your violation included a DUI accident. A DUI ticket is considered a misdemeanor and will remain on your permanent driving record forever, while a death as a result of a DUI accident is considered manslaughter and is a felony.
The punishment for driving under the influence is primarily state-specific, although the following are usually included in your sentence:
1. Fines: Each state will differ in the dollar amount of your fine. In Texas, a first-time offender can pay up to $2,000 and repeat offenders can face fines of up to $4,000. In Florida, first-time offenders are subject to a maximum fine of $500 and repeat offenders may pay up to $1,000.
2. License Suspended – Most states will suspend your license for up to one year for the first offense, and states like Connecticut will revoke your license after the third offense. It is possible to obtain a conditional license to go to work, but it depends on your individual case.
3. Adding points to your license: This will invariably increase your insurance premium over a period of time determined by the individual companies.
4. Drug Programs/Classes: Most states will require a twelve hour DUI education course for first time offenders. Repeat offenders sentenced to probation may also be required to complete a 30-day drug rehabilitation program.
5. Community Service – You may be required to perform community service as part of your award. Some states, like Texas, put a limit on the number of hours required. In addition to the required fifty hours of service, Florida offers the option of paying ten dollars for each additional hour required to fulfill the award.
6. Some states now use an ignition interlock device that requires the driver to breathe into the device before starting the vehicle. If this breathalyzer fails, your car’s ignition will be locked and you will not be able to drive it for a period of twenty-four hours.
In addition to seeking an experienced DUI attorney, if you have valuable assets such as your home or stocks and bonds, you can also seek professional asset protection for your estate and belongings. An accident caused by driving under the influence of alcohol can have civil consequences and, consequently, a serious economic loss of your personal and family assets. For further assistance, seek out a qualified attorney and estate planner who specializes in asset protection, such as Estate Street Partners.