What is DUI (Driving Under The Influence)

Driving under the influence (DUI) is the offense of operating a motor vehicle while impaired by alcohol, drugs, or any other legal or illegal substances, including those prescribed by physicians or recreational drugs, putting themselves and others at risk.

Every DUI offense has a criminal side and an administrative side, each corresponding to the offender’s criminal record and their driving record respectively, meaning that even if someone succeeds to expunge the DUI charges from their criminal record, the conviction will remain on their driving record forever.

DUI Arrests: What is it and How it Happens

A DUI arrest occurs when someone is caught driving after drinking alcohol or using drugs. Law enforcement uses this term to differentiate it from DWIs, which only refer to drunk driving.

The punishment's severity depends on multiple factors, such as the level of impairment, past infractions, the driver's age, and whether the driver caused death or bodily harm. Each state decides whether the arrest is a misdemeanor or felony based on the context.

However, the event is documented as a DUI arrest record regardless of the classification. A DUI is permanently part of the public record and will appear in background checks for various processes.

Right and Laws of DUI Arrest

Officers cannot make a DUI arrest without probable cause. This legal statute means they must be capable of explaining why they believed the driver was under the influence. The officer's explanation must be supported by evidence observed before stopping the vehicle.

Acceptable examples of probable cause are things like watching the driver stumble to their vehicle or noticing erratic movements while driving. As a legal standard, probable cause is vaguely defined and subject to case-by-case examination.

The officer may often pull you over for reasons unrelated to a DUI charge. They can establish probable cause in this situation if they observe signs of drugs or alcohol, like empty beer cans or the smell of marijuana in the car.

The stopped party maintains the standard legal rights throughout the encounter. They have the right to remain silent, which prevents the police from using something you say in the heat of the moment against you.

Utilizing your right to remain silent is essential to avoid incrimination until you can procure legal counsel. A lawyer will help you safely endure police questioning and prevent law enforcement from taking advantage of any ignorance on your part.

Refusing Sobriety Tests

Many people don't know, but refusing a field sobriety test is perfectly legal. These are on-the-spot examinations that measure your coordination and automated responses to stimuli. The results are recorded as evidence of impairment by the patrol car camera.

However, the officer may choose to escalate the situation and obtain a warrant for a blood test. Many states allow law enforcement to expedite the warrant process, which subjects you to a far more invasive test than walking in a straight line.

The Aftermath of a DUI Arrest

Offenders who refuse to perform Field Sobriety Tests (FST) or have BAC that exceeds the state limit are taken into custody until they sober up, or someone picks them up from the police station.

Meanwhile, their license may be temporarily suspended, and their car may be impounded for a while after the incident.

If there’s enough evidence, they can go to trial or get a plea bargain with the prosecutor. The sentencing phase establishes the conviction, the fines, the length of time for license suspension, any parole or community sentences, or an alcohol program they will need to join.

What Are the Consequences and Penalties of Driving Under the Influence

The punishment for a DUI depends on whether it is a felony or misdemeanor arrest. Most first offenses are labeled as misdemeanors, but several factors can push it to a felony, resulting in harsher sentencing.

Legal Penalties

The penalties for misdemeanor and felony convictions are similar but with varying severities. A misdemeanor offender typically sees a maximum of one year in prison, several hundreds of dollars in fines, and a short license suspension.

Felony offenders face imprisonment sentences exceeding a year and thousands of dollars in fines. Their licenses are also far more difficult to reinstate, often requiring extensive rehabilitation attendance and more extended wait periods.

Felons are also ineligible to vote in many states. However, there's been a growing trend to reduce this punishment to a temporary status.

Increased Insurance Rates

Like all traffic violations, a DUI significantly increases your risk to insurance companies. These companies check a driver's history before renewing or issuing a contract.

A DUI may disqualify the insured from various discounts or coverage altogether. At the least, offenders will see an increase in their premiums.

Impact on Employment and Personal Life

Roles involving a driving component or clean criminal record may disqualify candidates for a DUI conviction. Many employers see a DUI as a sign of irresponsibility or poor judgment, which can affect a candidate's employability.

Friends and family members may also see offenders in a different light. They may be less likely to trust you with their children or invite you to recreational activities, especially those involving alcohol or substances.

A small positive note is that many first misdemeanor DUI arrest records won't appear in broad background checks. Many of these records are kept at the county level, so an employer must dig deep to uncover them.

How to Get Your DUI Arrest Records

Depending on your situation, this may come as good or bad news, but obtaining your DUI arrest records isn't challenging.

Multiple records are related to a DUI arrest, including the police filings and the court records. In most cases, interested parties only care about the police filings, as they contain the most detailed information on the event.

Except for juvenile criminal records, arrest records are available to the public. You can access DUI arrest records through the filing police department. If you're having trouble or are uncomfortable contacting the police, the information is likely available through your city's Department of Motor Vehicles.

Whichever organization you request from will provide the necessary forms for your DUI arrest records. You may have to provide identity verification and pay a small processing fee.

Is a DUI a Felony? The Statute Of Limitations for DUI Convictions

The Statute of Limitations is the maximum time allowed to start legal proceedings, calculated from the date when an alleged offense took place. This rule exists to protect evidence and ensure a just trial.

If too much time passes, a witness might forget or exaggerate the facts of the case. People related to the case may pass away, and long delays allow time for corruptive influences to interfere.

Depending on the state, the offender must be formally charged within one to two years of the incident. Felony DUIs earn a significantly extended period because they’re the result of aggravating circumstances such as evading arrest, property destruction, high blood alcohol (BAC), causing accidents or injuring people, and might also involve homicide charges.

Misdemeanor vs. Felony DUI

Felony DUIs are the crime-hardened older brother of misdemeanors. A misdemeanor is the default judgment of a first DUI offense. The offender is caught on the road while under the influence of drugs or alcohol.

A felony classification suggests there were aggravating circumstances that increased the DUI felony’s danger to society. Factors that can upgrade an offense to felony status include:

Legal BAC Limits Across the United States

DUI is a serious offense that can lead to license suspensions, substantial fines, and even jail time. In 2016 alone, there were 10,500 fatalities caused by alcohol-impaired drivers.

Alcohol affects the body by slowing it down, delaying its responses and decision-making abilities to levels that render a drunk driver unable to drive safely. The consequences are equally dangerous for the driver and others. Imposing strict BAC limits and drunk-driving penalties are meant to make the roads safer for everyone.

According to American law, in all 50 states, you’re committing a drunk-driving crime if you’re getting caught driving whilst having a Blood Alcohol Concentration (BAC) of at least .08 grams per deciliter of blood (g/dL).

Multiple studies have found that a BAC of .08 slows down the average driver’s reaction speed by 120 milliseconds. This time loss is enough to travel another ten to fifteen feet, resulting in a crash on a busy highway.

However, for Utah, the BAC limit is set to .05 g/dL; some states lowered the level for underage drivers or applied more severe penalties for BAC levels of 0.16 up to 0.20. New Jersey has the lowest BAC for harsher penalties, starting at 0.10.

On the other end of the spectrum, there are "Zero Tolerance Policies". These provisions lower the acceptable BAC in situations with underage drivers or heavy vehicles. Most states with Zero Tolerance Policies set the BAC between 0.0 and 0.02.

DUI Arrests By State

States must protect citizen’s individual rights during a DUI arrest. However, they have some leeway to adjust the process.

For example, Federal law requires a maximum BAC of 0.08, but there’s nothing preventing a state from adopting a lower one. That said, it’s generally accepted that an 8 percent BAC doesn’t significantly impair driving, so most states don’t bother to alter the Federal standard.

Utah is the exception, with a 0.05 BAC. The state is also moderately lenient when handing out DUI felonies, requiring three offenses within ten years or a victim’s serious injury or death.

Another singularity in US DUI law is New York’s Leandra’s Law. This policy automatically upgrades all DUIs to felony status if there is a passenger younger than 16 present. New York considers these cases a class E felony or a class B felony if the DUI resulted in the child’s death.

One of the more unique and modern punishments for DUIs is the required installment of an ignition interlock device. This device is a breathalyzer connected to your vehicle and stops the car from starting unless it receives a passable sample.

The required BAC reading may align with the state’s standard BAC, but jurisdictions may impose tailored limits on individual offenders. Additionally, multiple failed samples may lock the vehicle for a period or notify authorities.

Out-of-state DUI Offenses

DUI offenses are carried over from one state to another, depending on the state where the DUI arrest takes place and whether or not if the state has joined the Interstate Driver's License Compact. A majority of US states share motor vehicle convictions information through two distinct agreements:

Therefore, if a person is convicted of a DUI offense in another state, that state could request a license suspension with effect in the home state if the states participate in the Interstate Compact contract.

How Long Does a DUI Stay On Your Driving Record and Criminal Record?

Every DUI conviction involves two types of punishment: one is an administrative action that results in having the driving license suspended, the second one is under the under criminal law, resulting in fines, parole, and jail or prison time sentencing and is registered on the offender’s criminal records. In all 50 states, a first-offense DUI is usually classified as a misdemeanor. In various states, the charges for misdemeanor DUI violations may be increased to felony charges, with more severe penalties and imprisonment for longer than a year in state prison. Depending on the state, a DUI could stay on a driving record for 5-10 years, or for a lifetime.