How to Avoid Getting a DUI Arrest Record

Introduction

A DUI charge is something you need to take seriously. A DUI arrest record is even a larger source for concern. Here is why.

If you have a DUI arrest record then this is the article for you. This paper will give you an overview of some of the laws you need to know, according to certain states, how can DUI charges affect your chance of getting employed and some advice for when you want to go behind the steering wheel although having consumed a certain amount of alcohol.

What is a DUI?

DUI stands for “driving under the influence” and is defined as the crime of driving a vehicle although having reduced capacities due to the consumption of alcohol or various other substances ranging from drug to medication prescribed by a physician. Other similar terms that describe the same unlawful activity are: drunken driving, drunk driving, operating under the influence, drinking and driving, or impaired driving. Drunk driving is a popular term although not the most accurate as you don’t actually need to be drunk or driving to be arrested for a DUI.

Another relater term is Driving While Intoxicated (DWI). In some situations, contingent upon state’s legislature system, both DUI and DWI can be used to describe the same situation: drunken driving. Usually, these two terms, when both used, describe different situations. DWI usually means driving while intoxicated of alcohol and DUI is used to describe a situation where the driver is impaired by alcohol or drugs.

In both cases, the police officer considers the person in a state that doesn’t permit him to drive. In some cases drivers can be charged with drunk driving even if their blood alcohol concentration (BAC) is under the illegal level.

The person can be charged with this offence without having to necessarily be driving. The offence becomes valid the moment the person is physically in control of the car while under alcoholic influence. 

Blood alcohol concentration (BAC)

This is the prime value used to determine whether a driver is intoxicated or not. BAC is determined by calculating the percent of alcohol in the blood by weight. As it does not depend on any units of measurement, the BAC is a value used internationally.

A person is charged for a DUI when the BAC is over 0.05%. In some states it’s over 0.08%. An aggravated offense is consider when the BAC is over 0.12% 

If you are proven to be guilty of injuring or even killing a person while drunk driving you risk being sentenced to a long time in prison, in addition to receiving a serious fine.

It is estimated that accidents due to drunk driving cause damages worth of $45 billion every year.

Another method of testing alcohol involvement: the field sobriety test

If you have ever been pulled over for suspected drunk driving, you might be familiar with this test. This test strips the analysis of the officer’s subjectiveness. Police officers test drivers using the field sobriety test in order to verify if that person had been consuming high amounts of alcohol. This test is used to obtain proof that shows the driver is indeed impaired. 

The suspect’s performance is examined using a set of three roadside tests established by the US National Highway Traffic Safety Administration.

The first phase is the Horizontal Gaze Nystagmus test which is set to detect the involuntary movement of the driver’s eyes when asked to look to his or her side.

The next test is called the Walk and Turn (WAT) which analyzes the suspects divided attention and balance.  This is the part where the driver is asked to walk heel to toe along a straight line. The officer will verify if the driver is able to follow instructions, if the suspect begins the test before finishing the instructions, loses balance while walking heel to toes, cannot follow the straight line, uses arms in order to maintain balance, turns in a unusual way or makes too many of too few steps.

Another standardized way of testing the suspect is the One Leg Stand (OLS) where the driver is asked to stand on one leg for half a minute. This test is used to analyze the person’s divided attention, balance, and coordination. There are four mistakes that can lead to a DUI charge: being unable to stand straight on one leg, using arms to maintain balance, hopping and touching the ground with the no longer suspended leg.

DUI and employment

Alcohol consumption not only puts you at risk of losing your drivers’ license but it can also change your employment status. 

Many companies have their own set of rules regarding alcohol consumption and BAC limits. The United States Federal Railroad Administration set the BAC limit for their train crew to a maximum of 0.04%. 

DUI convictions are also mentioned in driving record which is a document frequently ordered by employers in order to do a criminal background check on a person before hiring them. Driving records contain details related to past violations, suspensions and various information regarding the person’s driving history.

The easiest way to obtain your driving record is by completing a form online. Unfortunately you cannot obtain the records for free. The good thing is they don’t cost much and you have a few payment methods available. You can either get them in person or have them sent by mail. You can pay online with your credit card or eCheck. If you request for the records to be sent by mail, you can pay via check or money order.

If you choose to get the records yourself from the DMV office you can pay either cash or credit.

Employers are not the only institutions that perform criminal background checks. The FBI is also interested in your driving record. But don’t worry, they don’t monitor it constantly, only when investigating serious crimes like identity thefts.

The DMV (Department of Motor Vehicles) has its own website you can enquire for additional information. 

In Florida for example, you can pay the fines or request your driver record directly from the Sarasota county clerk of court. If the clerk of court Sarasota is not at an easy to reach distance, you still have the option of contacting the DMV.

DUI penalties

In some states, the BAC limit is different depending on the driver category. In the state of California for example the average BAC limit of 0.08% with a maximum allowed BAC for commercial operators of 0.04% and 0.01 % for young drivers (below 21 years old) or drivers with a DUI history.   

In comparison to past legislative practices, many U.S states and the Federal government of Canada have nowadays adopted a set of legislative guidelines that state a mandatory minimum sentence. So if you have a recent DUI conviction in your record, depending on the state, you risk being sentenced to jail for a period of years in addition to paying hefty penalties and losing your license plate and even your car. 

You also need to be careful when driving in different stated as in some regions it is illegal to keep an opened alcoholic beverage in the vehicle’s passenger compartment.

• DUI penalties in Washington

So, let’s say you’re about to head up to Washington. The first thing you ask yourself is “What should I be aware of the instant I enter the state?”. Well, when it comes to penalties, it all depends on the previous number of offenses. Here’s some information you should remember if you really want to get behind the wheel when tipsy in Washington:

BAC level for DUI:

• Under 21 years old : 0.02%
• Older than 21 : 0.08%
• Commercial drivers : 0.04%

First offense charges:

• jail time: between 24 hours and one year
• fines: between $865.50 and $5,000
• license suspension: between 90 days and 1 year
• officer requests your ID: Yes

Second offence charges

• jail time: between 30 days and one year
• fines: between $1,120.50 and $5,000
• license suspension: between 2 years and 900 days
• officer requests your ID: Yes

Third offence charges

• jail time: between 90 days and one year
• fines: between $1,970.50 and $5,000
• license suspension: between 3 years and 4 years
• officer requests your ID: Yes 

The charges are expunged after seven years. This period is also called “the lookback period”.

• DUI penalties in North Carolina

So, how does drinking before driving affect you in NC? Here are the details:

BAC level for DUI:

• Under 21 years old : zero tolerance
• Older than 21 : 0.08%
• Commercial drivers : 0.04%

First offense charges:

• jail time: between 24 hours for a level 5 offender but if 3 severe crime factors are present then the minimum penalty is 12 months
• fines: $200 for a level 5 offender
• license suspension: between 60 days and 1 year
• officer requests your ID: No

Second offence charges

• jail time: 4 days if 3 severe crime factors
• fines vary according to the offence level
• license suspension: between 1 and 4 years if the previous DWI was at least 3 years ago
• officer requests your ID: Yes

Third offence charges

• jail time between 14 and 30 days 3 severe crime factors are present
• fines vary according to the offence level
• license suspension: 1 year but a permanent suspension is also possible if the previous offense was done earlier than 5 years ago 
• officer requests your ID: Yes

The authorities will expunge the offence after 7 years.

• DUI penalties in Indiana

The answer to “What are my concerns regarding DUIs in Indiana? “ can be found in the following paragraph:

BAC level for DUI:

• Under 21 years old : 0.02%
• Older than 21 : 0.08%
• Commercial drivers : 0.04%

First offense charges:

• jail time: between 60 days and one year
• fines: between $500 and $5,000
• license suspension: up to 2 years
• officer requests your ID: No

Second offence charges

• jail time: between 5 days and 3 years
• fines: between $10,000
• license suspension: between 180 days and 2 years
• officer requests your ID: No

Third offence charges

• jail time: between 10 days and 3 years
• fines: up to $10,000
• license suspension: between 1 year and 10 years
• officer requests your ID: Yes 

The lookback period in Indiana is comprised of two periods: 5 years and 10 years in order to evaluate current penalties and but also the prior ones.

• DUI penalties in Michigan

BAC level for DUI:

• Under 21 years old : zero tolerance
• Older than 21 : 0.08%
• Commercial drivers : 0.04%

First offense charges:

• jail time: a maximum of 93 days 
• fines: between $100 and $500
• license suspension: up to 6 months
• officer requests your ID: Possible

Second offence charges

• jail time: 5 days to 1 year
• fines: between $200 to $1000
• license suspension: at least 1 year 
• officer requests your ID: Yes

Third offence charges

• jail time:  between 30 days and 1 year 
• fines: between $200 and $1,000
• license suspension: at least 1 year 
• officer requests your ID: Yes

The authorities will expunge the offence after 7 years.

• DUI penalties in Illinois

BAC level for DUI:

• Under 21 years old : zero tolerance
• Older than 21 : 0.08%
• Commercial drivers : 0.04%

First offense charges:

• jail time: up to 1 year   
• fines: up to $2,500
• license suspension: a minimum of 1 year
• officer requests your ID: Yes

Second offence charges

• jail time: up to 1 year   
• fines: up to $2,500
• license suspension: at least 5 years 
• officer requests your ID: Yes

Third offence charges

• jail time: between 3 and 7 years   
• fines: up to $2,500
• license suspension: at least 10 years 
• officer requests your ID: Yes

Illinois authorities do not expunge previous driving charges.

• DUI penalties in Pennsylvania

Pa is not that severe when it comes to DUIs.

BAC level for DUI:

• Under 21 years old : 0.02%
• Older than 21 : 0.08%

First offense charges:

• jail time: –   
• fines: $300
• license suspension: –
• officer requests your ID: Yes, if you refuse the chemical test

Second offence charges

• jail time: 5 days to 6 months   
• fines: between $300 and $2,500
• license suspension: 12 months 
• officer requests your ID: Yes, if during the period of restricted license

Third offence charges

• jail time: between 10 days and 2 years   
• fines: between $500 and $5,000
• license suspension: 12 months 
• officer requests your ID: Yes, if during the period of restricted license

The authorities will expunge the offence after 10 years.

• DUI penalties in Virginia

BAC level for DUI:

• Under 21 years old : 0.02%
• Older than 21 : 0.08%
• Commercial drivers : 0.04%

First offense charges:

• jail time: at least 5days 
• fines: at least $250
• license suspension: 1 year
• officer requests your ID: Yes, if measured BAC 0.15 % or above

Second offence charges

• jail time: 20 days to 1 year
• fines: between at least $500
• license suspension: at least 3 years 
• officer requests your ID: Yes

Third offence charges

• jail time: at least 6 months   
• fines: at least $1,000
• license suspension: indefinitely 
• officer requests your ID: Yes

• DUI penalties in Texas

BAC level for DUI:

• Under 21 years old : 0.02%
• Older than 21 : 0.08%
• Commercial drivers : 0.04%

First offense charges:

• jail time: between 3 and 180 days
• fines: up to $1,500 (unless one of the passengers is a child under 15)
• license suspension: 90 days to 1 year
• officer requests your ID: No

Second offence charges

• jail time: 30 days to 1 year
• fines: up to 4,000 (unless one of the passengers is a child under 15)
• license suspension: 180 days to 2 years
• officer requests your ID: Yes

Third offence charges

• jail time: 2 years    
• fines: up to $10,000
• license suspension: 180 days to 2 years
• officer requests your ID: Yes

Texas authorities do not expunge previous driving charges.

So whenever you go out and assume you’ll be drinking, the best thing to do is just leave the car at home. If by “a twist of fate” you end up in a location where alcohol is available and you chose to consume, just leave your car there and grab a taxi. You can bring it home safely once you’re sober the next day. Another option is asking a friend who lives nearby you and who had not been drinking that night to drive you and your car home.

For an additional incentive to avoid getting a DUI whether you live in Arkansas, Iowa, Tennessee, New York, Arizona, Oklahoma, Kentucky or Washington or Louisiana, then just think about the major cases and debates that jolted the public awareness on the matter from WA to VA and beyond. The Canyon County current arrests make a pretty frightening roster to look at, when you realize how often people get arrested for drunk driving and the damage and havoc their decision can wreck on the lives and property of other around them. Since the activity of law firms such as LexisNexis has brought a more systematic approach to the keeping and displaying of police records, every bad thing we do is now public and national knowledge, long after our release from custody and so on.

This means the consequences of having a DUI arrest record go beyond the immediate fine or jail time: the information exists the official records and criminal docket and enters the public circuit. Every time you apply to jobs you’re interested in, any potential employer will find out your past with a simple online search on any of the websites of the police departments across the country. To avoid the complications, just avoid having this label stick to you and don’t engage in irresponsible behavior like drinking and driving, or at least hire a good attorney to help you sort out the mess from the first sign of legal trouble.