Partying is not a crime. However, drinking and driving is not a good combination.
In the US, it is estimated that 28 people die every day from car crashes caused by alcohol consumption. This roughly translates to one person dying every 51 minutes, according to the National Highway Traffic Safety Administration (NHTSA). The statistics are bad enough to understand why driving while intoxicated is strictly enforced and why the law requires the suspension of a driving privileges.
DUI means driving under the influence. Depending on which state, it may be called other names such as Driving While Intoxicated or Impaired (DWI), Operating Under the Influence (OUI), or Impaired Driving.
Most of the people who drive under the influence of alcohol or other substances violate speed limits or drive erratically. Once a police officer spots an offending vehicle, the officer trails that vehicle and signals to the driver to pull over. Once pulled over, they question the driver. If driver is suspected to be intoxicated, he or she is subject to a blood alcohol content (BAC) test.
The legal limit for BAC in Arizona is 0.08 percent, though even smaller percentages may already impair a person’s ability to drive. In fact, a 2015 report from NHTSA found that 1,809 people were killed in car crashes related to alcohol intoxication where the drivers’ BAC was less than 0.08 percent.
If the person is found to over the BAC legal limit, his or her driver’s license will be taken away and he or she will be charged with a crime. Even if a driver refuses to get his BAC tested, the officer will likely get a warrant for a blood test and driver’s license and driving privileges would still be suspended anyway.
Upon conviction, a person may be sentenced to receive punishment —monetary fine, community service, or jail / prison. This depends on the severity of the incident and whether or not the person being convicted is a first-time or repeat offender.
Once a DUI offender gets released, their license isn’t immediately reinstated. They may have to undergo several steps depending on which state they’re in.
For first-time DUI offenders, police officers will replace the offender’s license with a temporary one. The offender must request a hearing from the Motor Vehicle Department or the license will be suspended in 15 days.The temporary license will be go until the ruling from the administrative law judge of the validity of the suspension. Note that failure to request a hearing will lead to a suspension of the driver’s license, after the 15 day grace period.
Suspension of a driver’s license varies in time. It may last from 3 to 12 months depending on several factors: (1) the level of intoxication of the driver, (2) whether or not the driver has had previous DUIs, and (3) whether there was a refusal to take the blood test.
There may be multiple steps to follow for people to get their license back after a DUI. Each case is different. Basically, the person will be required to complete all the requirements set forth by the Motor Vehicle Department, which could include payment of any fines that caused a license to be suspended; proof of insurance from the vehicle; an ignition interlock device; completion of an alcohol rehabilitation program; and reinstatement fees.
Note that alcohol rehabilitation programs vary depending on the level of intoxication at which the driver was arrested, alcohol history and prior DUI history. It could range anywhere from attending an alcohol safety education for a several hours to signing up and committing to a long term alcohol rehabilitation and detox program. This may seem like a strict form of punishment, but it’s a good way to remind people to drink responsibly to avoid consequences that result from a DUI.
Scottsdale Courts take DUIs seriously, particularly because it often proves fatal to other motorists. Being convicted of a DUI means potentially losing your license, paying a large fine, or sometimes serving time in jail or prison. An experienced DUI lawyer may not guarantee that your DUI case is dismissed, but he or she could play a role in gaining you a reduced sentence.
In case you need one at some point, Robert A. Dodell, Attorney at Law is an excellent choice.