Getting a Driving Under the Influence citation, or DUI, can be a scary experience. **But considering that nearly 30 people in the U.S. die every day in a DUI-related accident, it’s easy to see why penalties for drunk driving are becoming steeper. Currently, all 50 states enforce a Blood Alcohol Concentration (BAC) limit of 0.08. If a driver is found to have a BAC of 0.08 or greater, he or she will be arrested and eventually charged with a DUI offense. Here is a general breakdown of the DUI process:
Court Proceedings:
During your arrest, you will be notified of your first court hearing. During the first court appearance, a judge will read the DUI charges against you and you will be required to enter a plea, which can be guilty, not guilty or no contest. At this time, you can represent yourself, hire an attorney or enlist the free help of a public defender, which is a government-appointed lawyer for those who cannot afford to hire a private lawyer. A guilty plea will result in sentencing on the spot. Entering a no contest plea will result in either sentencing on the spot or setting another court date for sentencing. If you plan to challenge your DUI, you must plead not guilty, and the judge will schedule your case for a trial.
Administrative Action:
During your DUI arrest, the police officer usually takes away your license and gives you a notice of suspension along with a temporary license that’s valid for 30 days. You have 10 days immediately following your arrest to request a DMV hearing to challenge the license suspension. Keep in mind this process is separate from the court proceedings. If the DMV determines there is no basis for the suspension, it may be dismissed. For this administrative hearing, you can represent yourself or have your private lawyer represent you.
Penalties after Conviction:
The DUI penalties vary by state and individual, but in general, a first-time conviction includes license suspension, jail time, court fines, probation, DUI education courses and a significant increase in insurance premiums from your insurance company. The penalties for a second- or third-offense DUI are similar but usually steeper. For example, the license suspension period and potential jail time may be longer, the court fees are greater and the DUI education program is longer.
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