First Offense Driving Under the Influence (DUI) is a terrifying and overwhelming experience for anyone. The response to an arrest will understandably frighten individuals, lead them to wonder about their future and leave them in the dark about the entire list of consequences. Although it’s a pretty serious crime with dire consequences, being informed of what to anticipate in jail time, punishment, and most importantly, your own rights as outlined by the constitution, is the starting point to help walk you through this foreboding experience.
The Shock on the Spot: Anticipating Jail Time
For a first-time DUI, real time in jail is not as terrible as people would suppose, although it’s never actually off the table and is very state-by-state and case-by-case. For a majority of states, the first offense could put one in mandatory automatic 24 to 48 hours in jail, or even a couple of days. It may be in certain states that this minimum sentence can be served under other alternatives of sentencing, e.g., house arrest or community service, only if there are no extenuating circumstances.
But extenuating circumstances can very easily increase the chances of jail time. These all add up: having a very high Blood Alcohol Concentration (BAC) (most typically higher than 0.15% or 0.20%), having been involved in an automobile accident ,having hit someone with an individual under age in car, or having taken the chemical test, refused. Even a first offender here can receive jail time for weeks or months, and in instances involving bodily injury or death, it’s a felony that incurs years of prison time. Most surprising of all, no two states criminalize DUI offenses in the same manner, and state statute makes the very same minimums and maxima.
The Cost to the Wallet: Fines and Related Expenses
In addition to potential prison time, a first DUI is also very expensive. Off-the-books fines at the discretion of the court are in the ballpark of several hundred to several thousand dollars, typically between $500 to $2,000. These are just the beginning, though. The expense of a DUI conviction easily exceeds tens of thousands after including other costs.
These are also charges that may also be charged with mandatory alcohol rehabilitation and alcohol education classes, which again have a charge. You’re also going to be paying a significant amount of court fees and administrative fees as well. You will also need to install an Ignition Interlock Device (IID) in most states for months or years, which you will pay to have installed and serviced regularly. Your auto insurance premium will likely double, or even triple, since you are now a decades-long risk driver. Secondly, successful defense attorney fees by lawyers, although a cost at first, is one where you can end up saving a fortune in the future in terms of not paying other fines.
Your Fundamental Rights When You Are Arrested and Held on Suspicion of DUI
Although a DUI stop is intimidating, remember that you do possess rights whose purpose is to protect you through the ordeal. Knowledge of and utilization of your rights can become a significant advantage to your case.
First, remain silent. You will typically be asked to show your driver’s license, car registration, and insurance card but you do not need to respond to questions about where you are headed and where you are coming from and how much you’ve had to drink. All that you say will and can be used against you as evidence. Refuse to answer important questions politely.
Second, you can also decline to take Field Sobriety Tests (FSTs). Roadside testing is voluntary and supposed to provide officers probable cause of intoxication. Refusal to comply might lead to arrest if the officer actually has probable cause, but it takes one source of potentially incriminating evidence susceptible to misinterpretation and improper administration out of the picture.
Third, as it relates to chemical testing (urine, blood, or breath test), most states have “implied consent” laws. What it actually means is by operating a vehicle upon state highways, you are agreeing, silently, to a chemical test upon arrest for DUI. Failure to undergo a chemical test upon arrest previously triggered automatic, immediate, and generally longer license suspension independent of criminal sanction. Even if you believe you may refuse, be aware of these administrative penalties.
Finally, and most importantly, you are entitled to an attorney. You must assert that right as soon as possible after your arrest. Do not try to fight the technicalities of a DUI arrest yourself. A veteran DUI lawyer will question the constitutionality of the stop, field sobriety tests taken, and evidence against you, and result in a possible fight to reduce charges or have charges dropped.
Conclusion
First offense DUI is a criminal issue of grave suspicion with an indeterminate range of potential consequences, from short prison stays to harsh penalties and administrative harassments. But awareness of your rights and careful conduct at stop can significantly alter your status. Prompt legal advice from a competent DUI defense attorney is not only prudent, but indispensable, as far as the preservation of your future and unwinding the many complications of the justice system are concerned.
