What Happens at a DUI Stop?

A charge of Driving under the Influence or Driving While Intoxicated (DUI/DWI) is a serious offense with potentially devastating consequences depending on what state you live in and the circumstances of the drunk driving incident. All 50 states now have laws making it a crime to drive a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher. Some states have also enacted laws making it a more serious crime to drive with a higher BAC (usually .16% or higher), or if the DUI/DWI event caused bodily harm or death. Many states also have a “zero tolerance” law that makes it illegal for minors to drive with any level of alcohol in the blood.When you get stopped: The first thing that usually happens when you get pulled over and a police officer suspects you have been drinking is you will be required to submit to a Field Sobriety Test and/or a BAC test (blood, breath, urine, or a combination). If you refuse the sobriety tests in most states, you will be subject to immediate suspension of your driver’s license under that state’s implied consent laws. Some states give you a choice of which test to take, while others will not. If you are given a choice, urine test have been proven the most unreliable, while blood test are generally the most accurate. Breath tests are also unable to detect the presence of drugs in your system.

If you have been found to have a Blood Alcohol Concentration (BAC) over the legal limit, you will most likely be arrested, taken into custody and brought to the police station. At this time, you are usually allowed to call someone to pick you up, or you will have to wait until you are sober to leave. Depending upon your circumstances, your car may be impounded. After you are arrested and charged with DUI/DWI you will be facing the administrative suspension of your license, but you also will have to go to court to face your charges. As in all criminal cases, you have the right to a jury trial, or you may let a judge determine your guilt or innocence. If convicted, the judge will impose your sentencing. Most states have mandatory sentencing guidelines that limit the judge’s ability to alter your sentence. In general, if you have had multiple DUI’s, or you have caused bodily harm or death the penalties are greater.

Penalties usually include: fines, suspension or revocation of your driving privileges, mandatory jail time, community service, probation/parole, mandatory DUI classes and/or alcohol counseling, court fees and points on your license.

In the case of multiple DUI’s, or more severe charges (higher BAC-often called extreme DUI, or bodily harm or death), you may be required to install an ignition interlock system at your own expense, and possibly even refrain from drinking alcohol for a certain period of time.

Although laws vary from state to state, you may be able to apply for a provisional or hardship driver’s license that allows you to drive to and from work or counseling. When your suspension period is over, you generally have to pay a fee to have your license reinstated.