What Happens when you get a DUI?
By: Scott Kepner
If you have been out drinking and decide to get behind the wheel and you have had one too many drinks you are definitely at risk for getting pulled over and arrested for DUI. The case against someone who eventually gets arrested for DUI actually starts before the police officer pulls the suspect over. If the officer has either been informed of a potential drunk driver or is following someone he or she suspects has been drinking, the officer will start videotaping and observing your driving habits before initiating a DUI stop.
When the officer finally pulls you over he is going to approach the car and ask the obvious question of whether you have been drinking. The officer is continuing to establish his probable cause at this point. Most people who have been drinking will undoubtedly give an answer such as "I've had a couple of drinks" or something to that effect.
The officer already suspected you of driving under the influence before he pulled you over. Once you tell him that you've had a couple of drinks, that is all he needs to hear in order to finalized establishing his probable cause to subject you to some field sobriety tests and an initial breathalyzer test. One thing that most people are not aware of is that the field sobriety tests that an officer subjects a person to are completely voluntary, but the officer is not going to tell you this.
As far as the preliminary breathalyzer test or PBT for short, this is a mandatory test. When a person refuses to submit to this test it is viewed as an admission of guilt, because if a person had not been drinking, they would really have no reason to refuse the preliminary breathalyzer test. In most states if a person refuses to submit to a breath test their drivers license is immediately suspend or revoked and that person is no longer eligible for a restricted drivers license if they are found guilty of DUI.
Let's say for instance that you had been out drinking and had a few drinks and decided to drive home because you felt fine at moment in time and your house was only one or two miles from the bar. On your way home you are stopped by an officer on suspicion of DUI. You end up submitting to the PBT and register a blood alcohol concentration level of .07%, which is under the legal limit.
You would have been perfectly legal to drive home since your BAC was under the legal limit, but the officer has established that you are in fact near the legal limit. You are more than likely going to spend an hour or so at the scene where you were stopped before the officer will take you down to the police station where you will have to submit to the official chemical test. All the while your BAC level is continuing to increase.
By the time you actually submit to the official chemical test, your BAC level is now risen to .08% or greater and you are now over the legal limit and official charged with a DUI offense. If this is a first offense DUI arrest, and depending on the state you will be facing potential jail time anywhere from 24-hours up to a year or more in jail. First offense fine amounts can range anywhere from a couple hundred dollars up to several thousand dollars. Hiring an experienced DUI lawyer to represent you in court will cost between $2,000 and $5,000 depending upon where you live and the complexity of your case.
One of the biggest impacts on a person's way of life will be the driver's license suspension or revocation period by the DMV. Before the DMV reinstates your license or issues you a restricted license you will have to show them proof of an SR22 insurance policy in your state. You will be required to keep your SR22 filing with the DMV in force for a period of 3-years. SR22 insurance for DUI offenders will cost between 3 & 5 times as much per month as the offender was paying for auto insurance before being arrested for DUI.
About the Author
It's important that you learn as much as you can about your state's DUI laws and the potential consequences you face if arrested for DUI since they vary by state. You may also be required to have an ignition interlock device installed as a requirement of getting your driver's license back.
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