When you get a DUI... what are the next steps?

BusinessLegal

  • Author Scott Kepner
  • Published July 8, 2010
  • Word count 880

If you have had the unpleasant experience of being taken into custody and charged with driving under the influence, you know what comes next. As soon as you sober up and get released, folks start questioning you. The typical inquiry is: "Now what?" The outcome of a drunk driving charge isn't necessarily cut and dry. But whatever the result, it's likely to be stiff. You can sit in jail for some time. You may lose your license for quite some time. You could be subject to significant fines.

The best way to avoid a DUI is to resist driving at all if you've had anything to drink. All it takes is one drink more than you should and the next thing you know you're on the side of the road being asked to walk a straight line. People think that it's the way they walk that line that really does them in, but the documentation on your DUI begins long before the officer even hit his siren. There is a video camera in his dashboard. If he gets a tip about a drunk driver or he encounters a driver he believes is under the influence, then he flips a switch and you're on candid camera.

Once he has you stopped, he will walk up and ask you point-blank if you've had anything to drink tonight. You will be nervous either way. He's established cause already. All he's doing now is strengthening his case. Usually it's the drunk drivers who try to get away with "I've only had a few" or something along those lines.

Since the cop thought you were drunk to begin with, your admission is now making him think you're driving under the influence. Since he already built a case before he ever stopped you, your admission is enough to compel you to submit to a field test of sobriety as well as a breathalyzer test. Most people think that if you're asked to submit to a test such as this, you must comply. Most of us are socialized to obey cops. But in fact, you don't have to submit to the test at all. However, don't expect the officer to share this news.

Now the breathalyzer is a compulsory test. The breathalyzer is also called the PBT test. If you say, "No, I'm not going to do the breathalyzer," you may as well be prepared to hear the officer read you your rights. The rationale is that an innocent person wouldn't resist taking the test. As a matter of fact, in many states, if you say no to the breathalyzer, you can kiss your license goodbye. As from now on, you cannot get a standard license if you are found guilty of drinking under the influence.

The problem is the lag time when drinking. If you have a couple drinks, but then need to drive home a bit later you're at risk. I know what you're thinking: it was one drink, and a few blocks. But that can mean all the difference. If an officer pulls you over on the way home, you're going to be in hot water. You will have no choice but to blow into the PBT. All it takes is a .07% and it is up for you. Now a .07% is actually below the legal limit. So what's the problem?

Nothing if you'd have made it home without drawing attention to yourself. But since you got pulled over and were asked to take a breathalyzer, you're now in trouble. The cop now says you were near the limit for what's considered the threshold for drunk driving. Now you're whole night just got busy. After the cop is finished with the crime scene, he will bring you to the station. You will perform the official chemical testing for drunk driving. This will take at least an hour or more. This is going against you because with every passing moment, your levels are shooting up.

What was a .07% is now .08%. This makes you over the limits for legal driving. So your compulsory test just landed you in jail. You will be charged with DUI and you'll begin the motions. Your punishment could be 24-hours. Or it could be an entire year spent in jail. If it's the first time this has happened, it may only be 24 hours in jail. You will have to pay a fine. It could be a few hundred dollars or it could also be a substantial amount of money. You really cannot hire an attorney for a DUI case without dropping $5,000. This will differ according to the details of your legal case in court.

The worst part of the whole thing is you surrender your license. The DMV won't give you a license to use in the meantime. You now will need special insurance or else the DMV is not going to just print you out a new license. You will in fact go without one. You will have to file a SR22 and maintain it for at least three years as a part of the probation. This is a special insurance. It will run you more than what you had picked out. You can expect to shell out three times more each month. It could be five times more each month.

Educate yourself now on the DUI laws in the state. You want to also know about the outcome of an arrest. Do this now, before you need to know. Another thing you may be required to do as part of being arrested for a DUI offense is to have an ignition interlock device installed in your vehicle.

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