What You Need To Know About Drunk Driving Charges

Last updated December 4, 2024

A drunk driving arrest may be your first exposure to the criminal justice system. An arrest is a scary experience. Ensuring you know how to navigate the system will impact the outcome of your DUI case.

Drunk driving laws are different in every state, and local criminal courts have special rules for impaired driving cases. Talk to a drunk driving defense attorney in your area to understand your rights and protect your interests.

When Is a Driver Drunk?

The definition of drunk driving is left up to each individual state. States decide when a driver’s blood alcohol content (BAC) is over the legal limit to operate a motor vehicle safely. In every state except Utah, the BAC level is 0.08% BAC. Utah has lowered the DUI limit to 0.05% BAC.

Many states also have lower blood alcohol concentration levels for certain classes of motorists. For commercial vehicles, the limit is only 0.04%. The limits are even lower for drivers under the legal drinking age of 21. Many states have zero-tolerance policies for underage drinking and driving.

The amount of alcohol it takes for a driver to go over the legal blood alcohol level is different for every person. Factors that affect your blood alcohol level include weight, sex, and medical conditions.

Many states also have enhanced drunk driving laws based on higher alcohol levels. Drivers can face harsher penalties if their BAC is 0.15% or 0.20% or higher.

What Are the Penalties for Drunk Driving?

The penalties for a drunk driving conviction vary widely. In nearly all states, a conviction on a first-offense charge for driving under the influence (DUI) is a misdemeanor. States may refer to drunk driving as driving while intoxicated (DWI) or operating under the influence (OUI). The penalties for a first-time DUI generally include:

  • Jail time from a few days to a few months
  • Fees for court costs and fines
  • Driver’s license suspension or license revocation
  • Mandatory classes on the dangers of drunk driving
  • Usage of an ignition interlock device (IID) to drive
  • Court-ordered alcohol rehabilitation
  • DUI school and counseling
  • Commercial drivers can lose their commercial driver’s license (CDL)

If you are convicted for alcohol-impaired driving more than once, each conviction will likely come with harsher penalties for repeat offenders. The penalties will also increase in severity if you cause an accident with injuries or fatalities. Many states impose felony DUI charges for drivers with multiple drunk driving convictions.

Getting Through the Drunk Driving Stop

Even the calmest person can have a tough time maintaining their composure during a drunk driving stop. The flashing lights in your rearview mirror, the cop’s flashlight, and the questions can be challenging to process.

It’s important to remember that you have the same rights as people in other arrest situations:

  • You have the right to remain silent
  • You have the right to refuse a search of your car.
  • You have the right to refuse to take roadside sobriety tests (which could include walking a line or breathing into a portable breath-testing device)

However, if you refuse any of the above sobriety test requests, it’s essential to know that law enforcement may still arrest you for a DUI. Police officers can arrest you if they have probable cause that you are driving under the influence of alcohol.

Probable Cause for the Stop

Police will stop you if they have reasonable suspicion that you might be intoxicated or under the influence of drugs. Possible signs of driving impairment include:

  • Taking a turn too wide
  • Straddling or crossing lane lines
  • Weaving and swerving
  • Striking or almost striking another vehicle
  • Braking too quickly
  • Speeding
  • Running red lights or stop signs

If an officer stops you for an unrelated traffic violation, such as speeding, you may end up with a drunk driving charge. The officer may smell alcohol on your breath, hear slurred speech, or observe bloodshot eyes. These can be possible signs that provide the officer with probable cause for a drunk driving arrest.

Some states also have laws that allow law enforcement officers to set up roadside sobriety checkpoints where they can stop any vehicle. In some cases, those DUI checkpoints may also have judges on hand to sign search warrants to allow vehicle searches. In this situation, you still have the right to refuse to answer questions, but that approach may still lead to your arrest.

Chemical Tests and Breath Tests

The police officer will generally make the driver submit to chemical testing to use as evidence in the court case against the driver. The police can administer a breath test or blood test for the presence of alcohol. Every state has implied consent laws that make chemical tests mandatory. You can refuse to take the alcohol test, but that may mean you face an automatic penalty, such as a DMV driver’s license suspension. In some states, you can also face criminal penalties.

Do You Need a Lawyer for a DUI?

As soon as you can make a phone call, call a lawyer with experience handling cases for drunk drivers. You may not realize it then, but several options exist for mounting a defense against the DUI charges. Your attorney may discover a lack of probable cause or that the police have not gotten your permission to search your vehicle.

The potential penalties for a DUI conviction are too severe to simply plead guilty to put it behind you. Talk to an attorney first. An attorney will put you in the best position to minimize any damage from an arrest. Your attorney can negotiate for reduced charges or get approval for a diversion program. Contact a local DUI defense attorney for your DUI case.

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