What Does Driving Under The Influence Mean?

Driving under the influence (DUI) does not solely refer to being under the influence of alcohol. The term broadly refers to operating a vehicle under the influence of something that diminishes your mental or physical capabilities.

These substances often include the following:

  • Illegal drugs, such as marijuana and cocaine
  • Prescription medications, such as opioid painkillers, benzodiazepines, and sleep aids
  • Over-the-counter drugs containing dextromethorphan (DXM), diphenhydramine, or doxylamine
  • Inhalants or volatile substances like glue or paint thinners
  • A combination of two or more impairing substances, such as alcohol and prescription pills

Driving under the influence of any of the above can put yourself and others in danger. If law enforcement has reason to believe your driving was impaired, even slightly, they can arrest you for a DUI. When you’re charged with a DUI, it means an officer determined you were too impaired to operate a vehicle at that time.

What Is A DUI Charge?

A DUI charge means that you were operating a motor vehicle (or any means of transportation) while impaired by alcohol, illegal drugs, prescription medications, or over-the-counter drugs. Impairment is usually tested and determined by failing a field sobriety test.

When alcohol is involved in a DUI, whether you will be charged usually depends on whether you:

  • Have a blood alcohol level over the legal limit
  • Are deemed impaired, regardless of the legal alcohol limit

The legal limit for blood alcohol concentration (BAC) is between 0.08 and 0.10 in most states. Some states have lower limits and even zero-tolerance levels for commercial drivers and those under 21.

The penalties for a DUI conviction are severe and can include heavy fines, license suspension, mandatory addiction treatment, and jail time.

What Happens During A DUI Test Or Checkpoint?

Once you are stopped for suspicion, you will be informed of why you are being stopped and asked for your license, vehicle registration, and insurance. Then, you’ll be asked to step out of the vehicle.

There are a few common ways that law enforcement can assess your sobriety.

Field Sobriety Test

An officer will request that you perform a standard set of tasks to evaluate balance, coordination, eye movement, speech, and ability to follow instructions. Common field sobriety tests include:

  • Horizontal gaze nystagmus test: Following a light or pen with your eyes to check for involuntary jerking of the eyeballs, which indicates intoxication.
  • Walk-and-turn: Taking a certain number of heel-to-toe steps along a straight line, turning, and returning.
  • One-leg stand: Standing on one leg for 30 seconds while counting out loud.
  • Reciting part or all of the alphabet, counting backward, or other divided attention tests.

Not doing well on these tests is supporting evidence of potential impairment and gives the officer grounds for arrest or further testing.

Blood Alcohol Content (BAC) Testing

Measuring BAC by a breathalyzer test is the most common way to test the level of alcohol in your body. It is an indirect method that estimates the amount of alcohol detected in your breath.

If the level measured is 0.08 or over, you will be arrested for a DUI. This holds even if you pass the field sobriety test.

Depending on the state, you may also undergo blood testing, urine testing, or a combination of different chemical tests to detect alcohol as well as other impairing substances.

Refusing To Submit To A Breathalyzer Or Chemical Test

In any state, if you refuse to submit to a breathalyzer, blood test, or other legally requested chemical test during a DUI stop, there are usually automatic penalties. These vary by state but may include:

  • Immediate arrest and administrative license suspension
  • Mandatory fines
  • Implied guilt that is admissible in court
  • Longer jail sentences if ultimately convicted of the DUI

In some states, refusing the initial breathalyzer or similar test results in automatic license suspension or revocation. These sanctions can last anywhere from six months to several years.

Reinstatement can require alcohol education classes, fees, or other conditions.

You do have the legal option to refuse chemical testing if suspected of a DUI but consequences can vary.

What Happens After A DUI Test?

If the officer has probable cause to believe you are driving under the influence, you will be placed under arrest. The probable cause is based on the results of field sobriety tests, chemical tests, or observed driving behavior.

Getting Arrested For DUI

Once arrested, you will be taken to a police station or jail for booking. Booking involves:

  • Having your mugshot taken
  • Providing fingerprints
  • Having any personal belongings inventoried and confiscated
  • Being placed in a holding cell, especially if intoxicated
  • For some first offenses, being released on your own recognizance until your court date
  • For aggravated DUIs or repeat offenses, having to post bail to be released

Bookings can take several hours. You will need to wait to see a judge or magistrate. This may take longer if an order is needed for additional testing.

Several factors will determine if you will be charged with a DUI and whether you will be held or released. These factors include:

  • Your prior record
  • Your BAC level
  • Whether anyone was injured
  • Whether any property was damaged
  • Other aggravating factors

The police may keep you in custody until you appear before a judge for an arraignment hearing. At this hearing, you’ll be formally charged with a DUI or other related charges like reckless endangerment.

Appearing In Court For DUI

If you are in custody, you will be transported to the court or appear by video. If you were not kept in custody, you’ll be released and given a mandatory court date to appear for your arraignment hearing. The following will take place at the arraignment:

  • The judge informs you of the criminal charges against you
  • You enter a plea of guilty, not guilty, or no contest
  • The judge sets conditions for your release while awaiting trial or further hearings
  • The court schedules dates for future pre-trial conferences or trials

From this point onward, legal representation is critical for navigating the DUI court process.

Getting A Lawyer Or Public Defender

A DUI attorney or public defender can potentially get your penalties reduced. They may prevent a conviction on your record if there are grounds to suppress certain evidence. They can also take your case to trial if needed.

Public defenders provide legal counsel for free if you can prove you cannot afford a private attorney, but they have high caseloads. This may mean you are more likely to be put in a position to plea bargain.

DUI lawyers tend to be expensive. A DUI case fee typically ranges from $3,000 to $4,000 at the low end and up to $25,000 for a higher-profile attorney. The average is around $6,000–$15,000 in legal fees for a DUI charge.

What Is Court-Ordered Treatment For DUIs?

If you are convicted of a DUI offense, whether through pleading guilty or being found guilty at trial, the judge will impose a combination of penalties and probationary requirements. Often, the court will order you to complete alcohol education, counseling, or addiction treatment. The specific type and duration depend on:

  • Your state’s laws and minimum requirements for DUI convictions
  • How high your blood alcohol level was
  • Whether you have any prior DUI convictions on your record
  • Whether you refused chemical testing
  • Whether there were aggravating factors like causing injury or property damage
  • The judge’s assessment of whether you have an alcohol abuse issue that requires treatment

Some court-ordered treatment programs for DUI convictions include:

Victim Impact Panels And Classes 

This is usually a one-time session where you hear from victims and families impacted by drunk or drugged driving incidents. The purpose of this is to illustrate the real-life consequences of driving while impaired.

DUI Schools

These are alcohol education courses that discuss substance abuse, drunk driving risks, and strategies to avoid impaired driving in the future. Program lengths can vary significantly, ranging from eight hours to nine months.

Outpatient Counseling Or Therapy

Court-ordered individual or group counseling and therapy sessions focus on alcohol/substance issues and changing problematic behaviors. These could include cognitive-behavioral therapy, motivational interviewing, and relapse prevention.

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Inpatient Or Residential Rehab

If the court deems that the situation involves severe alcohol or drug addiction, the judge may order inpatient treatment at a rehab facility for 30–90 days.

The judge makes their decision based on the specific situation, substance abuse evaluation results, criminal history, and other factors.

Intensive inpatient treatment may be ordered if this is a second or subsequent DUI.

What Happens After DUI Treatment?

There may be more stipulations after completing court-ordered education, counseling, or rehab for your DUI. To avoid further penalties or a probation violation, you may have to comply with additional requirements like:

Supervised Probation

This involves meeting regularly with a probation officer and following rules about travel, alcohol/drug use, employment requirements, and more. Probation can last from six months to several years.

Random Drug Or Alcohol Testing

Random testing involves your probation officer contacting you at any time to submit to a breathalyzer, urine test, or other screening.

Support Group Attendance

Being mandated to attend a certain number of AA, SMART RecoveryTM, or other self-help group meetings, usually weekly or monthly.

Ignition Interlock Device

Ignition interlock devices (IID) are small, compact breathalyzers that are installed and connected to your vehicle’s ignition system. The driver must blow air into the device, which will prevent the car from starting if it detects a BAC above the legal limit. If it does not detect alcohol or if it is below the legal limit, the driver will be allowed to put their keys into the ignition and start the car. Laws vary by state, with some requiring multiple tests throughout the duration of your trip while others set a limit on how many failed attempts can be made before the IID locks down for a set period of time.

Community Service Hours

This involves completing several hours of unpaid work benefiting the community. Depending on your state, the time can range from 24 hours to over 100.

Failing to meet any of these probationary requirements, missing appointments, failing alcohol tests, or getting arrested again can result in your probation being revoked or having to serve jail time.

Community Service For DUI

The number of community service hours can vary significantly based on state laws and the circumstances of your case. For a first-offense DUI in most states, it typically ranges from:

  • 24–40 hours for lower BAC levels (under 0.15%)
  • 40–80 hours for BACs between 0.15% and 0.20%
  • 80–100+ hours for very high BACs (over 0.20%) or if there were aggravating factors

For subsequent DUI convictions within a set period, states often double or triple the required community service hours.

The probation department will maintain a list of approved organizations or programs where you can complete your community service. Common examples include cleaning parks or public spaces, highway litter pick-up, assisting at food banks or shelters, and mentoring at youth programs.

You must provide proof of your completed community service hours. Failure to complete the total hours can result in your probation being extended or potential jail time instead.

Probation After DUI

It is common to be placed on probation after a DUI conviction, even for first-time offenders. Probation periods can range from six to nine months for lower BAC first offenses to one to two years for incidents involving a higher BAC or an accident that injures others. For repeat offenses, probation can last three to five years, and in states with strict DUI laws, up to seven years.

During probation, you must comply with court orders, meet with a probation officer regularly, and follow requirements such as not consuming alcohol/drugs, attending counseling, maintaining employment or education, paying fines, and performing community service.

Violating probation terms, even minor violations, can result in severe consequences like an official violation filing, appearing before the judge again, extended probation, jail time, and having to restart probation after incarceration.

Can I Go To Rehab Instead Of Jail After A DUI Conviction?

It is possible to avoid jail or prison time after a DUI conviction by getting court approval for attending an inpatient alcohol rehab program instead. However, this is not guaranteed and depends on:

  • Your specific criminal history and whether this is your first DUI offense.
  • Your BAC at the time of the arrest.
  • Whether anyone was injured or there was an accident due to your intoxicated driving.
  • The judge’s assessment of whether you have an alcohol use disorder requiring intensive treatment.
  • State laws and available rehab program options in your area.

For offenses where your BAC was only slightly over the legal limit, and there were no accidents or additional charges, some judges may agree to allow inpatient alcohol rehabilitation in lieu of jail time. But you will still face penalties like:

  • Hefty fines, court costs, and fees.
  • A license suspension period.
  • Having to use an ignition interlock device during and after your suspension.
  • Extended probation periods with alcohol/drug testing.
  • Completion of other court-ordered programs like victim impact panels.

For higher BAC offenses, repeat DUIs, causing injury or property damage, or other aggravating factors, it’s unlikely a judge would allow rehab as an alternative to jail, though they may reduce the sentence after the completion of a rehab program.

How Much Does Getting A DUI Cost?

The costs of getting a DUI, both financial and personal, can be overwhelming. Costs can vary by state. On average, the total for a first offense, without including lost wages, is $10,000. Below is a breakdown of national averages for various components of a DUI.

A variety of fees and penalties go into the total cost of a DUI, including:

  • A fine for the conviction: Fines vary by state, but the fine for a first offense averages approximately $650, while fines for second and third offenses average between $1,500 – $7,500.
  • Vehicle tow and impound costs: Nationwide, the average cost for impounding and towing is $500.
  • Attorney fees: The average cost is between $1,000 and $10,000 for a first offense.
  • Drug and alcohol education and treatment: For a first offense, the cost will likely be in the range of $1,000.
  • Interlock device fees: The yearly cost is $1,500
  • Increased car insurance premiums: Your rates will increase for at least three years, and the total extra cost can amount to $3,000.

How Can DUIs Affect Employment?

Having a DUI conviction can impact your employment prospects and damage your professional reputation. Other consequences may include:

  • Professional License Suspension: State-issued professional licenses could be suspended or revoked.
  • Security Clearance Denial: You may be denied security clearances required for many jobs after a DUI.
  • Commercial Driver’s License (CDL) Suspension: If you have a CDL, a DUI conviction will result in an automatic suspension in most states.

Ultimately, consequences to employment will vary by the specific situation and company policies.

Is A DUI A Sign That I Have A Problem With Alcohol?

While getting charged with a single DUI does not necessarily mean you have an alcohol use disorder, it should be taken as a serious warning sign that it’s time to reevaluate your relationship with alcohol and make changes.

Around 25%–40% of DUI offenders are eventually re-arrested for impaired driving again within three to five years if no alcohol treatment is obtained.

The choice to drive while impaired by alcohol shows a lack of judgment, inability to control impulses, and disregard for personal safety as well as the safety of others on the road. So, if you are facing DUI charges, it’s critical to take an honest assessment of your drinking habits, triggers, and any signs that alcohol is negatively impacting your life, relationships, work performance, and overall well-being.

For those who find they do indeed struggle with alcohol cravings and maintaining control over their consumption, proactively getting help is critical rather than risking a repeat offense.

If you have received a DUI or are worried your drinking habits are becoming dangerous, an alcohol assessment can help determine how severe the problem is and whether or not you may need professional help.

Finding Additional Help After A DUI

Even if you don’t believe you have an alcohol addiction, a DUI should motivate you to reevaluate your alcohol use and change your habits.

Options for help include:

  • Counseling: Working with a counselor on root causes and coping methods.
  • Inpatient/outpatient Rehab: For severe dependencies, get intensive inpatient monitoring or outpatient treatment.
  • Support Groups: Attending a support group provides community encouragement and tools for overcoming cravings.
  • Medication: Medications like naltrexone can reduce cravings with therapy.

It’s important to be honest about problematic drinking and get help rather than risking another DUI. Overcoming alcoholism is possible with a commitment to the right resources.

Get more information on your treatment options by contacting a treatment provider today.