What Happens When You Get Arrested for DUI

What Is a DUI?

DUI (also referred to as DUII, OUI, DWI, or OWI, depending on what state you live in) means driving under the influence of alcohol or drugs. This encompasses illegal substances, prescription medications, and operating a vehicle while impaired. It differs from public intoxication charges since it specifically involves vehicle operation.

DUI’s Components

A DUI consists of several key elements:

Operating a vehicle. Even without actively driving, you can face charges if you put keys in the ignition, press buttons, or activate gears. Sitting in the driver’s seat while parked demonstrates intent to drive impaired. However, sitting or sleeping in the backseat shows lack of intention to operate the vehicle.

Being under the influence. This means impairment from alcohol or drugs negatively impacts your safe vehicle operation ability.

Submitting to a field sobriety test. Officers may request tests involving difficult actions like reciting the alphabet backward, walking straight lines, or single-foot balancing.

Blood alcohol level (BAC) above legal limits. Many states, including Louisiana, set the limit at 0.08%. Different individuals reach this threshold at varying rates.

Refusing breathalyzer or preliminary alcohol screening tests. While typically voluntary, refusal won’t prevent DUI charges and carries negative consequences.

Getting arrested and setting bail. Depending on charge severity, you may post bail or remain incarcerated until your hearing.

Driver’s license suspension. Many states automatically suspend licenses following DUI arrests, though temporary permits sometimes become available depending on charge severity.

Attending scheduled court hearings. Missing court dates results in serious consequences, including arrest warrants. It is strongly recommended to have an attorney who understands DUI laws in your state.

The sentencing. Dismissed charges result in no record or conviction. If charges stick, consequences may include fines, penalties, license suspension, mandatory community service, substance abuse programs, ignition interlock installation, insurance premium increases, and jail time. First-time offenses with no injuries typically result in misdemeanor charges, while repeat offenses or injuries lead to severe consequences including lengthy incarceration and victim restitution.

Is Pulling Motorists Over Legal?

Officers require reasonable cause or reasonable suspicion to believe drivers violated laws. This includes impairment signs like swerving or traffic violations such as broken taillights. DUI checkpoints are also legal and don’t require any evidence of wrongdoing. Police can legally search vehicles for drugs or alcohol with probable cause, even without consent, though circumstances affect legality.

What Happens When You Refuse Sobriety Testing

Field sobriety and preliminary breath tests are often optional since they help establish probable cause. However, once arrested, chemical tests like blood, breath, or urine may become mandatory. Every state has “implied consent” laws, meaning drivers who are lawfully arrested for DUI are expected to comply with this testing. Refusal leads to penalties and may negatively affect court proceedings.

What Happens When You Get a DUI in Louisiana?

Louisiana DUI BAC laws establish different thresholds:

• Age 21+ non-commercial drivers: 0.08% or higher
• Commercial drivers: 0.04% or higher
• Under age 21 drivers: 0.02% or higher

First-time Louisiana DUI misdemeanor convictions carry:

• Fines ranging from $300 to $1,000
• Jail time from 10 days to six months
• Up to two years probation supervision
• 90-day driver’s license suspension
• Ignition interlock installation
• Commercial driver’s license loss
• Enhanced penalties for BAC of 0.20% or higher or driving with children under 12
• Approximately 30 hours in driver improvement, substance abuse, and MADD victims impact programs

Second offenses within 10 years increase jail time and fines. Third offenses result in up to five years incarceration, two-year license revocation, and fines up to $2,000.

Louisiana Drunk Driving Defenses

Working with defense attorneys, you may get charges dismissed or minimized. Potential defenses include improper roadblock setup, lacking probable cause for initial traffic stops, improper breathalyzer procedures, improper BAC blood test procedures, clean driving records, no prior DUI convictions, no injuries or property damage, minimal BAC elevation above legal limits, and demonstrating BAC wasn’t illegal when actually driving.

Louisiana-licensed establishments cannot face civil liability for third-party injuries from serving visibly intoxicated persons but cannot serve alcohol to minors or visibly intoxicated individuals. Penalties include 30 days to six months incarceration, $100-$500 fines, and license suspension or revocation.

Top Things to Do After Your DUI Arrest

Following arrest, consider these actions:

• Avoid police questioning without legal representation, exercising your right to remain silent
• Retain DUI-experienced attorneys or request court-appointed counsel
• Share all evidence and information with your attorney
• Document everything that happened immediately while memories remain fresh
• Locate witnesses and gather supporting evidence like security footage or bar receipts
• Demonstrate good behavior between arrest and trial to potentially reduce sentences; poor behavior risks bail revocation or amount increases

Getting Help to Prevent Future DUI Charges

To reduce future DUI risks, consider designated drivers, rideshare services like Uber or Lyft, taxis, asking friends or family for rides, or staying overnight elsewhere. If you struggle with alcohol or drug abuse and want help or treatment, contact the SAMHSA’s National Helpline.

Frequently Asked Questions About Getting Arrested for DUI

What Does DUI Mean?

A DUI involves driving a vehicle while impaired by alcohol or drugs, resulting in potential law enforcement arrest.

Is a DUI charge a felony or misdemeanor?

First-time DUIs typically become misdemeanors. Charges elevate to felonies with exacerbating factors like bodily harm, property damage, or death.

Will a DUI cause you to lose your driver’s license?

DUI arrests may result in immediate license confiscation. Subsequent convictions can impose significant suspension periods.

How much is a DUI fine?

Fines typically range from $150 to $6,250 depending on offense severity and prior convictions.

The Bottom Line

DUI arrests require careful navigation to minimize consequences and long-term life impacts. The legal process remains complex, making legal counsel essential for protecting your rights. Adopting responsible drinking habits and avoiding impaired driving prevents future DUI charges and associated difficulties.

How AffordaBail Bail Bonds Can Help

AffordaBail Bail Bonds operates as an owner-managed bonding company with multiple Louisiana locations, serving clients for over 30 years with 24/7 availability. The company operates on principles of respect and “innocent until proven guilty” presumptions. They process bond payments securely with efficient, friendly staff completing required paperwork quickly. They offer payment plans and aim to reduce custody time. Contact any location or complete their online form for details on available bail bond types.