The Lasting Impact of a DUI Arrest
A DUI arrest can begin as a traffic stop for a minor offense. You might be pulled over for failing to stop at a red light or erratic driving.
But if the stop leads to a DUI arrest, your life could be changed forever.
The traffic stop.
A DUI traffic stop occurs if you come upon a pre-arranged police DUI checkpoint, and you are pulled over for another traffic violation or a police officer suspects you of drunk driving. Police may pull you over on suspicion of drunk driving for the following reasons:
• Erratic driving, such as swerving in and out of lanes
• Failure to stop at a stop sign or red light
• Illegal turn
• Driving with headlights off
• Stopping in the road for no reason
During the stop, the police officer may ask you questions or ask you to perform a series of tests. Common roadside sobriety tests include the one-leg stand test, the walk-and-turn test and Horizontal Gaze Nystagmus Test.
Police, however, are increasingly turning to Breathalyzer tests. During these breath tests, police have you blow into a machine that claims to estimate the concentration of alcohol in your blood. (Courts and lawyers have argued on the accuracy and validity of these tests. Speak with a lawyer about whether your breath test is admissible in court.)
You may refuse a breath test, but most states have separate penalties for anyone refusing a breath test. Also, during some DUI checkpoints, a judge may be on hand to write a search warrant to obtain a blood sample from anyone refusing a breath test.
Immediately after your arrest.
The cost of a DUI arrest begins immediately. You may spend the night in jail or have to post bail to go free. Some states suspend your driver’s license immediately upon DUI arrest. However, a DUI attorney may be able to file motions that allow you to use a temporary license until your actual trial.
This is one of many important deadlines in the days after your DUI arrest. To form a complete defense to your DUI charges, a lawyer may have to request evidence, file motions or take other actions with the court.
This is one reason many people choose to consult a DUI attorney immediately following their arrest. A DUI lawyer can answer your questions about your options, and how you can maintain your life in the short-term. If you are stuck in jail or without a driver’s license you may be unable to work – or worse, you could lose your job. Without a job your problems can be compounded, as you must now worry about increasing debt.
Long-term impact of DUI arrest.
If you are convicted of a drunk driving, you could face problems for many years. It can be difficult – though not impossible – to have a DUI removed from your record.
Even if it has been 10 years since your last DUI the charge can still haunt you. If you are stopped for drunk driving again you could be charged with a misdemeanor or felony. Also, because a DUI stays on your record, you may have difficulty finding a job.
In many states, you may not obtain a commercial driver’s license if you have been charged with a DUI. Some employers will not hire someone with a DUI, and most drunk driving convictions will turn up in background checks.
In fact, there have been instances where a candidate for a job appointment has had to step down because of a DUI charge many years in the past.
In addition to the mark on your record, there are the penalties imposed by the court. For first-time DUI offenders, most state laws call for jail time, fines and suspension of driver’s license.
More and more state DUI laws also require anyone convicted of drunk driving to use an ignition interlock device. Ignition interlocks are breath test machines attached to your car that prevent your engine from starting if alcohol is detected on your breath. You must pay for the installation and monitoring of these devices out of your own pocket.
Fortunately, there is hope. A DUI arrest does not guarantee conviction. Speak with a DUI lawyer today about the laws in your state, your case and if there are possible challenges to your arrest. The best way to avoid the steep penalties is to fight your charge.