Driving Under the Influence (DUI) – A Friendly Guide
Driving under the influence (DUI) of alcohol or drugs is dangerous and illegal. But we all make mistakes, am I right? This article will cover the basics of DUIs in a simple, easy-to-understand way. My goal is to educate and inform, not judge. Sound good? Let’s get started!
What Exactly is a DUI?
A DUI, also called a DWI (driving while intoxicated), OWI (operating while intoxicated) or OUI (operating under the influence), refers to operating a vehicle while impaired by alcohol or drugs. The specifics vary by state, but generally it means:
- Having a blood alcohol content (BAC) of 0.08% or higher if you’re 21+ years old. This is about 2-3 drinks in an hour for a typical adult. Some states have even lower limits for commercial drivers.
- Or being impaired by any drug, even prescription meds like Ambien. Cops can arrest you based on failing field sobriety tests, even if you’re under the legal BAC limit.
Bottom line – if the cops think you’re too wasted to drive safely, you can get a DUI.
DUI Penalties – It Gets Pricey
A first offense DUI is a misdemeanor, but can still involve:
- Fines up to $1000 or more
- Up to 6 months jail time
- License suspension – at least 30 days, sometimes up to a year
- DUI classes and treatment programs
- Ignition interlock device installed in your car, so you have to pass a breathalyzer to drive
And that’s just for starters. Multiple DUIs or aggravated DUIs (like with a super high BAC) jack the penalties way up. We’re talking thousands in fines, years in jail, and felony charges. Not fun.The financial costs alone make DUIs a huge deal:
- Lawyer fees – $2000+ is common
- Insurance rate hikes – 100%+ increases are typical
- Lost work time dealing with it all
- Alternative transportation costs while your license is suspended
And good luck finding affordable car insurance after a DUI. Some companies won’t even cover you.
Why are DUIs Punished So Harshly?
MADD (Mothers Against Drunk Driving) lobbied hard in the 80s and 90s for stricter DUI laws. Their message: Drunk drivers kill people.
And the stats back it up. About 29 people die every day from alcohol-related crashes in the US. That’s a 9/11 worth of deaths every month from DUIs.
Judges and lawmakers wanted stronger deterrents to try and stop the carnage. So they passed tough new laws with severe penalties for DUIs.
Are the harsh DUI penalties fair? Some say overkill, others say not harsh enough. But the threat of fines, jail time and losing your license does make most people think twice about driving drunk.
How Can I Avoid a DUI?
The obvious advice is don’t drive if you’ve had more than 1-2 drinks in an hour. You might not feel drunk, but you’re likely over the legal limit.
If you do overindulge, call a cab, take public transit or use a rideshare service to get home safely. Or ask a sober friend for a ride.
Many bars offer free non-alcoholic drinks to designated drivers. Some even enter them in drawings for free food or gas cards. So it pays to volunteer as the DD on your night out!
You could also leave your car at the bar overnight and pick it up in the morning. Or some bars have free shuttle buses to transport you to and from nearby hotels or homes.
What if I’m Pulled Over After Drinking?
Stay calm and be cooperative if cops stop you after drinking. Be respectful, but don’t admit you think you’re intoxicated – let them decide.
Politely decline to do any roadside sobriety tests or a breathalyzer. They are voluntary, and it’s better to refuse than to fail.
Same goes for answering questions. You’re required to show your driver’s license and registration if asked. But don’t answer questions about where you’re coming from, if you’ve had drinks, etc. Those can only hurt your case.
If you do get arrested, remain silent and call a DUI lawyer immediately. Don’t try to talk your way out of it or make excuses. The cops have heard it all before. Just focus on contacting a lawyer.
How Can I Fight a DUI Charge?
Don’t panic, an experienced DUI attorney can often get charges reduced or dismissed. Some common defenses include:
- Questioning if you were actually “impaired” based on your driving, speech and performance on field tests.
- Challenging the legality of the traffic stop and arrest procedures. Did the cops have valid reason to pull you over and adequately inform you of your rights?
- Disputing the breathalyzer accuracy and results. The machines can have errors. Was it properly calibrated and administered?
- Arguing the blood or urine test was faulty. How was the sample stored and handled? Could it have degraded?
- Claiming any prescription meds were taken as directed. Can you prove the medication didn’t impair your driving?
- For repeat DUIs, arguing the prior convictions were invalid or unconstitutional. If they get thrown out, the new charge may no longer be a felony.
Don’t go it alone against the experienced prosecutors. An attorney who specializes in DUI defense is your best asset. They know all the technicalities and loopholes to attack the charges.
Well, that covers the DUI basics. I know it’s a scary situation to face. But with an attorney’s help, you can move past it. Be responsible out there, but don’t beat yourself up forever over one mistake. Just learn from it and make better choices moving forward. We’re all human!