Little Known Facts About DUI

In Missouri and much of the United States of America, a DUI is defined primarily by operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. The law states that a person commits the offense of driving with excessive blood alcohol content if they operate a vehicle with a BAC of 0.08% or more by weight of alcohol in their blood. For commercial motor vehicles, the limit is stricter at 0.04% BAC or more.

What You May Not Know About a DUI

While many people, and certainly most drivers, know this, there is probably a lot about DUIs that you don’t know.

You can be charged with a DUI even if my BAC is below the legal limit.

You can be charged with a DUI even if your blood alcohol concentration (BAC) is below the legal limit. This is because DUI laws do not solely depend on BAC levels; they also consider whether a driver is impaired or unable to operate a vehicle safely. Law enforcement officers can charge you with a DUI if they observe signs of impairment such as erratic driving, poor coordination, slurred speech, or failing field sobriety tests, regardless of your BAC reading.

Some states have "zero tolerance" or lower BAC limits for certain drivers, such as commercial drivers or drivers under the legal drinking age, meaning even a small amount of alcohol can lead to DUI charges. Additionally, impairment can be caused by drugs, prescription medications, or a combination of substances, which can result in DUI charges even if your BAC is below 0.08%.

Because impairment is the key factor, prosecutors can pursue DUI charges based on observed behavior and evidence of intoxication, not just BAC numbers. This underscores the importance of understanding that driving under the influence includes any level of impairment that endangers safety, not just exceeding the legal alcohol limit.

There are penalties even for a first-time DUI offense.

Even for a first-time DUI offense, there are significant penalties designed to punish the offender and promote public safety. While penalties vary by state, they commonly include fines, license suspension, mandatory alcohol education or treatment programs, probation, and sometimes jail time.

Fines for a first DUI can range from several hundred to a few thousand dollars, adding financial strain on top of legal fees and increased insurance costs. License suspension periods typically last from a few months up to a year, restricting your ability to drive legally during that time. Many states also require first-time offenders to attend DUI education or substance abuse treatment programs aimed at preventing future offenses.

Probation is often imposed, during which you must comply with specific court conditions such as abstaining from alcohol, avoiding further legal trouble, and regularly reporting to a probation officer. Although jail time is less common for first offenses, some states mandate short jail sentences, especially if aggravating factors are present, like a very high blood alcohol content or causing an accident.

Overall, even a first-time DUI is treated seriously by the legal system due to the risks impaired driving poses to public safety. The penalties serve both as punishment and deterrence to help reduce repeat offenses and protect the community.

A DUI may affect your driver’s license.

A DUI can significantly impact your driver’s license. Most states impose a mandatory suspension or revocation of your driving privileges following a DUI arrest or conviction. The length of suspension varies but often ranges from several months to a year or longer for repeat offenses. In some cases, you may be eligible for a restricted or provisional license that allows limited driving, such as to work or school, often requiring the installation of an ignition interlock device. Failure to comply with license restrictions can lead to further penalties, including extended suspensions or additional fines.

You can refuse a breathalyzer or chemical test during a DUI stop.

You have the right to refuse a breathalyzer or chemical test during a DUI stop in many states; however, refusing can lead to serious consequences. Under implied consent laws, by driving, you automatically agree to submit to such tests if suspected of DUI. Refusing a breathalyzer or blood test often results in immediate administrative penalties, such as license suspension, which can last longer than suspensions for failing a test. Additionally, refusal can be used as evidence against you in court, potentially leading to harsher penalties.

You can get a DUI for drugs, not just alcohol.

You can be charged with a DUI not only for alcohol but also for driving under the influence of drugs, including illegal substances, prescription medications, and even some over-the-counter drugs. Impairment from drugs affects your ability to operate a vehicle safely, just like alcohol. Law enforcement officers may use field sobriety tests, drug recognition experts, or chemical tests to determine drug impairment. With the legalization of cannabis in many areas, DUI laws have expanded to address drug-related impairment, even though measuring drug impairment can be more complex than measuring blood alcohol content. Driving impaired by any substance is illegal and subject to DUI penalties.

A DUI will affect your car insurance rates.

A DUI conviction will almost always cause your car insurance rates to increase significantly. Insurance companies view drivers with DUI offenses as high-risk because impaired driving greatly increases the likelihood of accidents. After a DUI, premiums can rise by 50% to 100% or more, depending on the insurer and your driving history. Some insurers may even refuse to renew your policy, forcing you to seek coverage through high-risk insurance providers, which are more expensive. These elevated rates typically last for several years, often three to five, making a DUI costly beyond just legal penalties.

You may not be able to drive while your DUI case is pending.

In many states, after a DUI arrest, your license may be administratively suspended almost immediately, meaning you cannot legally drive until the suspension is resolved. However, some states allow you to request a hearing to challenge the suspension or obtain a restricted license permitting limited driving, such as to work or school.

If your license remains valid or you secure a restricted license, you may be able to drive while your case is pending. Driving with a suspended license, however, can lead to additional criminal charges and harsher penalties.

You can fight a DUI charge in court.

You can absolutely fight a DUI charge in court, and many defendants choose to do so in order to challenge the evidence against them and seek a favorable outcome. Fighting a DUI involves presenting a legal defense that questions the validity of the arrest, the accuracy of tests, or the procedures followed by law enforcement. One common defense is to challenge whether the police had a valid reason to stop your vehicle in the first place, as an illegal traffic stop can lead to evidence being suppressed.

Another key area of defense is disputing the reliability of chemical tests such as breathalyzers or blood tests. These tests can sometimes be inaccurate due to faulty equipment, improper calibration, or errors in administering the test. Additionally, field sobriety tests can be challenged based on factors like poor testing conditions or medical issues that affect performance.

A skilled DUI attorney will carefully examine the prosecution’s evidence, look for procedural errors, and build a defense strategy tailored to your case. This might result in reduced charges, dismissal, or even acquittal. Going to trial can be daunting, but with proper legal representation, you have the opportunity to protect your rights and potentially avoid the harsh penalties that come with a DUI conviction. Fighting a DUI charge in court is a critical option that should be considered seriously.

A DUI can actually be a felony offense.

A DUI becomes a felony when certain aggravating factors are present. Common triggers include repeat offenses (usually the third or subsequent DUI within a specific timeframe) causing serious bodily injury or death while driving intoxicated, or having an exceptionally high blood alcohol concentration (BAC). Additionally, felony charges may apply if the DUI involves driving with a suspended license, driving with a minor in the vehicle, or refusing chemical tests after prior convictions. Felony DUIs carry much harsher penalties than misdemeanors, including longer prison sentences, higher fines, and extended license suspensions, reflecting the increased risk to public safety.

You may go to jail for a DUI.

You may go to jail for a DUI if it is a repeat offense, especially a second or third DUI within a certain timeframe, or if aggravating factors are involved. These factors include causing an accident resulting in injury or death, having a very high blood alcohol concentration (BAC), refusing chemical tests, or driving with a suspended license. Some states also impose mandatory jail time even for first-time offenders. Jail sentences can range from a few days to several months or years, depending on the severity of the offense and state laws, emphasizing the seriousness of impaired driving.

A DUI charge can be reduced or dismissed.

A DUI charge can be reduced or dismissed if there are weaknesses in the prosecution’s case, such as improper traffic stops, inaccurate or mishandled chemical tests, or violations of the defendant’s rights. Defense attorneys may also negotiate plea deals to reduce charges to lesser offenses like reckless driving. Charges might be dismissed if evidence is insufficient or if procedural errors occurred during arrest or testing. Participation in diversion programs or first-time offender programs can also lead to reduced charges or dismissal. Skilled legal representation is crucial to identify these opportunities and achieve the best possible outcome.

A DUI conviction can impact your employment.

A DUI conviction can significantly impact your employment prospects and current job status. Many employers conduct background checks, and a DUI on your record can raise concerns about your judgment, reliability, and professionalism. This may lead to difficulties securing new employment, especially in industries that require driving, operating heavy machinery, or maintaining high safety standards, such as transportation, healthcare, education, and law enforcement.

For those already employed, a DUI conviction can result in disciplinary actions, including suspension or termination, particularly if the offense violates company policies or involves driving a company vehicle. Some professions require licenses or certifications that can be suspended or revoked due to a DUI, further limiting career opportunities.

Additionally, a DUI conviction can affect your ability to obtain jobs that require security clearances or trust, as employers may view a DUI as a risk factor. Even in fields where driving is not essential, the stigma of a DUI can harm your professional reputation and networking opportunities.

You can (and should!) hire a lawyer if you’re charged with a DUI.

When facing a DUI charge, hiring an experienced lawyer can be one of the most important steps you take to protect your rights and your future. A skilled DUI attorney understands the complexities of DUI laws and procedures and can guide you through the legal process with expertise and confidence.

First, a lawyer will thoroughly review the details of your case, including the circumstances of your arrest, the evidence collected, and whether law enforcement followed proper procedures. They can identify potential weaknesses in the prosecution’s case, such as unlawful traffic stops, inaccurate breathalyzer or blood test results, or mishandling of evidence. Challenging these issues can lead to reduced charges or even dismissal.

An attorney will also represent you in court, advocating on your behalf and negotiating with prosecutors for plea bargains or alternative sentencing options like probation or treatment programs. This can result in less severe penalties, helping you avoid jail time or lengthy license suspensions.

Beyond the courtroom, a DUI lawyer can assist with administrative matters such as license suspension hearings, helping you retain driving privileges when possible. They also advise you on the long-term consequences of a DUI conviction, including impacts on your insurance, employment, and personal life, and guide you on steps to mitigate these effects.

Their support can reduce the stress and uncertainty of facing a DUI charge, giving you the best chance to move forward.