Driving under the influence is one of the most common and dangerous offenses on the road. DUI, or driving under the influence, is a criminal offense that happens when a person operates a motor vehicle while impaired by alcohol or drugs. Others think that they will quickly be detained and sent to jail right away once they get caught. However, there is a standard process that law enforcement officers follow when they catch someone driving while under the influence.
What to Expect When Caught Driving Under the Influence
It is important to learn what will happen when you get a DUI for the first time to help you stay prepared and safe throughout the entire situation.
1. Traffic Stop
When a police officer signals you to pull over, remain calm and safely navigate to the side of the road. It is important to keep your hands visible and follow the officer’s directions. Preferably, keep your hands on your steering wheel where the officer can view them clearly.
2. Initial Interaction
The officer will walk towards your vehicle and ask for your license, registration, and proof of insurance. They may also talk to you to assess your impairment level. You must stay respectful and cooperative during this encounter to avoid escalating the situation.
3. Field Sobriety Tests
If the officer suspects you’re under the influence, they may ask you to step out of the vehicle to perform field sobriety tests. They usually conduct tasks such as walking in a straight line, balancing on one leg, and following an object in motion with your eyes. Failing these tests can provide probable cause for arrest.
4. Breathalyzer or Chemical Tests
After an arrest, you may be asked to submit to a breathalyzer test to measure your blood alcohol content (BAC). You may also be given the option of a blood or urine test. Keep in mind that the BAC limit for 21 and above in Florida and every other state is 0.8 grams. However, those under 21 with a 0.2 gram BAC limit have a zero tolerance policy, meaning any amount of alcohol in their system can result in a DUI charge.
5. Arrest and Booking Process
If you are a first-time offender, you will be taken to the station for booking, which will include fingerprinting, photographing, and recording your personal information. You can also contact an attorney to represent you in court.
6. Bail and Release
You may be eligible for bail depending on the offense’s severity and your prior criminal record. Once you pay bail, you will be released, but you must return for your scheduled court appearance. The bail amount will also depend on the state’s laws and the judge’s discretion.
7. Court Appearance
You will need to appear in court to face the criminal charges against you. This hearing will allow you to enter your plea and potentially negotiate a plea deal. It’s highly advisable to have legal representation during this process to understand the complexities of DUI charges.
8. Potential Penalties
If convicted, you may face a range of penalties, including fines, hours of community service, mandatory DUI education programs, probation, and potential jail time. Additionally, you may also experience a suspension of your driver’s license. However, hiring a professional attorney may allow you to reduce or even abolish the penalties sanctioned against you.
What Happens When You Get a Second DUI?
Receiving a second DUI can significantly escalate the legal consequences compared to the first offense. The process will generally follow a path similar to a first-time DUI case, but the penalties and potential repercussions are much harsher due to the prior conviction.
1. Stricter Traffic Stop Protocols
Upon being stopped for a second suspected DUI, the police may exercise a more cautious protocol, given your previous driving or criminal record. This could lead to a more thorough investigation and potentially more extensive field sobriety tests.
2. Increased Legal Penalties
If convicted of a second DUI, you could face steeper fines, longer license suspensions, and mandatory participation in alcohol treatment programs. In many states, a second offense within a certain timeframe may warrant mandatory jail time right away, even for first-time DUI offenders, which can range from days to months based on state laws.
3. Enhanced Court Proceedings
The court appearance may involve a more complex set of legal proceedings. The prosecution may present the previous DUI conviction as evidence against you, possibly leading to harsher sentencing. Legal representation becomes even more critical during a second offense to navigate the heightened stakes.
4. Ignition Interlock Requirements
If you’re wondering what happens to your car when you get a DUI for the second time, your jurisdiction may install an ignition interlock device (IID). This device prevents the car from starting if it detects alcohol on your breath, imposing an additional layer of accountability.
5. Future Considerations
A second DUI conviction can severely impact your future driving privileges and insurance rates. It may result in permanent marks on your driving record, complicating processes such as obtaining or renewing your driver’s license. Also, insurance premiums could skyrocket, reflecting the increased risk associated with your driving history.
What Happens When You Get a DUI Without a License?
Receiving a DUI without a valid driver’s license can lead to several legal complications that may be even more severe than a typical DUI. Law enforcement will treat the situation as a serious offense when caught under the influence without a license.
- Increased Severity of Penalties. The penalties you face for driving without a license can compound the DUI charges. Drivers caught without a valid license may face additional fines and even a possible jail sentence in many states. You may be subjected to harsher penalties if convicted than those receiving a DUI with a valid license.
- Compounded Legal Issues. Your case may also be more complex in court. Prosecutors may argue that driving without a license indicates disregarding road laws, possibly swaying the judge towards a more severe sentence. This can cause longer license suspensions, higher fines, and an increased probability of serving time in jail.
- Insurance Implications. In addition to legal repercussions, receiving a DUI without a license will negatively impact your chances of obtaining car insurance. You may find it hard to secure coverage, and if you do manage to get an insurance policy, expect premiums to greatly increase due to the added risk associated with a DUI and driving without a license.
Hire the Law Offices of Kip Miller to Represent You in Court
The Law Offices of Kip Miller can provide expert legal representation if your case goes to court. Hiring our criminal defense attorney ensures your rights are protected and gives you the best chance at a favorable outcome. With experience in handling DUI cases, we can give you legal advice, mitigate penalties, and work towards reducing the impact on your future.
Don’t leave your fate to chance—contact our law firm at 386.872.7800 from any location in Central Florida where you may have been arrested.