Effects of a DUI Conviction

DUI, or driving under the influence of alcohol or drugs or both, is a punishable offense in the United States of America. All fifty states have developed strict laws regarding drunken driving. A blood alcohol concentration (BAC) of .08 percent or more is known to impair the physical and mental abilities of an individual. Driving under such conditions is illegal.

The DUI laws are the same for all the states, but the way the cases are treated differ from one state to another. However, any DUI case goes through a series of legal procedures which are the same throughout the country. The various stages of a DUI case are: traffic stop, arrest, booking, preliminary hearing, trial, and sentencing.

A more detailed description of these stages follow.

Traffic Stop

The police are most likely to stop a vehicle if driving is erratic and dangerous. The police will make the driver go through sobriety tests, breathalyzers or blood tests. This is done to collect DUI evidence.

Arrest

If a blood or urine test reveals a BAC of 0.08 percent or more, the driver is arrested on charges of drunken driving. For minors (those under 21 and operating a vehicle), a BAC count of .04 percent or more results in his or her arrest. The driver may also be arrested if he or she refuses to co-operate with the police.

Booking

Booking follows. Entering the arrest information in the records at the police station or the relevant local law enforcement station is known as "booking." Upon arrest on charges of DUI, the individual is fingerprinted. He or she is searched and photographs are taken as a part of the legal proceedings. The individual is also asked questions which he or she may decline to answer before consulting an attorney. The individual must also arrange for an attorney to deal with the case.

Preliminary Hearing

A preliminary hearing is held after the completion of booking, during which the presiding judge evaluates the case and decides if there is enough evidence to hold a trial. The defendant’s attorney acts as his or her representative.

Trial

During the trial the defense attorney presents the case to the judge. This is a very important part of any DUI case, as this affects the sentencing. The expertise of a good lawyer can make a difference in the verdict.

Sentencing and Penalties

The last step of a DUI case is the sentencing. Here the judge declares the verdict and the penalty. Penalties in a DUI conviction are mostly hefty fines and jail sentences. The amount of the fine and/or the duration of the sentence vary in each state. Depending on whether it is a first time or a repeat DUI conviction, the amount of the fine and the duration of the jail sentence vary. The amount of a fine may range from $150 to $2500 or more, depending on the severity of the crime. 

Apart from serving a jail sentence and paying fines, a DUI conviction usually leads to suspension of the driver’s license of the offender. The suspension may be removed after a year in some cases only if the offender has SR22 insurance. SR22 insurance is a formal document stating that the driver has the minimum required liability coverage, as required by the law of the respective state. The requirements are different for each state and the SR22 is obtained with the help of an insurance company.

The offender, upon DUI conviction, is also ordered by the court to install an Ignition Interlock Device. This device is programmed in such a manner that it can analyze the driver’s breath and detect whether there is an alcohol content exceeding 0.08 percent in the driver’s blood stream, in which case the vehicle cannot be started.

In case the DUI conviction involves injury or death of any person other than the offender, the case falls under the category of a felony. DUI convictions are otherwise misdemeanors. Felonies are more serious offenses than misdemeanors and their penalties are also graver.

Records and Expunging

The records of all DUI cases are maintained by the appropriate agencies. Having a DUI record may harm one's reputation and create difficulty in employment opportunites. A person may apply to have their DUI records expunged by contacting the relevant authority. 

State-Specific DUI Conviction Information:

California DUI Conviction