Even if you have never been convicted of a DUI, it’s always a good idea to know the drinking and driving laws in your state. As you can expect, states rarely share the same laws, and a drinking and driving conviction may have more severe penalties in one state than in another.
Misdemeanor vs Felony
While breaking a law shouldn’t ever be taken lightly, the difference between a misdemeanor and a felony can be drastic. A misdemeanor involves less severe crimes and is often given to first-time offenders of a non-violent crime. A DUI felony offense is reserved for more extreme crimes, such as murder, robbery, grand theft or continuous misdemeanor offenses. A misdemeanor charge will usually not affect your civil liberties, whereas a felony charge may restrict second amendment rights, voting privileges, your ability to serve on a jury or your ability to run for public office.
The punishment of a misdemeanor or felony is often defined by state and broken down into “classes (class A–D or classes 1–4). The severity of the punishments usually depends on the class category.
Which States Charge DUI Felonies?
You can receive a DUI felony for drinking and driving in 46 states. Only California, Maryland, New Jersey, Pennsylvania and the District of Columbia do not administer felony charges to repeat drinking and driving offenders.
In most states, your first DUI charge is typically classified as a misdemeanor. However, additional DUI charges could lead to a felony, depending on the amount of time that has passed since your first conviction. For example, in Arizona, your first and second offenses within seven years are a class 1 misdemeanor, but if you are charged with a third offense within seven years, it will be categorized as a class 4 felony, and the punishment will be substantially more severe.
For states without drunk driving felony convictions, the penalties become more severe for each misdemeanor. For example, California designates an individual as a “habitual offender” if they are convicted of a fourth or subsequent DUI. A habitual offender will receive more severe penalties, such as increased jail time and substantial fines.
New Jersey does not classify drunk driving as a criminal offense. The crime is categorized a traffic offense with vehicle-centric penalties that fund alcohol rehabilitation centers and fines to have your driver’s license restored.
DUI Felony Penalties
If you live in a state that does not charge felonies for drunk driving convictions, do not think that the consequences are mild in comparison to other states. The penalties of drinking and driving can still include:
If you have been arrested for drinking and driving and are unsure of what happens next, you should contact a DUI attorney as quickly as possible. Attorneys who specialize in DUI law are familiar with all the different laws and procedures in your state. A private attorney may be more expensive than defending yourself or using a public defender, but a good private attorney can mean the difference between a misdemeanor or a felony.
If you have been convicted of driving under the influence and are required to obtain SR-22 insurance or find a location that installs ignition interlock devices, let our DUI experts walk you through the procedure. Dealing with a DUI is stressful, and you shouldn’t go through the process alone.
Do you know the difference between a DUI, DWI and a DWAI? Many believe these acronyms stand for the same alcohol-related drunk driving offense, but they are separate offenses, and it’s important to know the difference.
The most common offenses are DUI, driving under the influence, and DWI, driving while intoxicated. You may be charged with a DUI or DWI if you’re driving a motor vehicle with a blood alcohol content (BAC) level greater than the legal limit. However, if you are in the states of Colorado or New York, you should be aware of the DWAI charge, or driving while ability impaired.
DWAI Laws in Colorado and New York
In New York and Colorado, you can be arrested for a DWAI if your BAC is within the legal limit. Both states have a BAC limit of .08, but you can be arrested for a DWAI if your BAC is between .05 and .07 and evidence, such as a failing a field sobriety test, indicates your driving ability is impaired. You can also be charged with a DWAI if you’re driving while under the influence of a drug listed as a controlled substance. In Colorado, you may be charged with a DWAI if your blood contains 5 nanograms or more of delta-9 THC (the active chemical in marijuana). If you are under the age of 21, you can be arrested for a DWAI if your BAC is only .02 percent.
The state of New York is unique in how it breaks down its DWAI definitions. If charged, you will have one of the three following DWAI penalties:
DWAI — Alcohol: Operating a vehicle with a BAC level between .05 and .07 percent.
DWAI — Drugs: Operating a vehicle while under the influence of non-alcoholic, controlled substances such as illegal, over-the-counter or prescription drugs.
DWAI — Combination: Operating a vehicle while under the influence of legal or prescription drugs and a BAC between .05 and .07 percent.
A Colorado DWAI charge is similar to New York’s DWAI — Combination offense.
DWAI Penalties
A first-time DWAI offense in New York has a maximum jail time, if convicted, of 15 days. Colorado is a little less forgiving and has a maximum jail sentence of up to 180 days for your first DWAI offense. If you have been convicted of a previous DUI/DWI in the state of Colorado prior to receiving a DWAI, the penalties will be similar to the more serious DUI charge. A DWAI conviction in either state will result in your driver’s license being suspended for a period of time. If you received a DWAI in a different state than you live in, you will need to check with requirements of the state where the DWAI occurred to see what steps need to be taken.
The penalties for a DWAI conviction may be less severe than those of a DUI or DWI. However, a DWAI conviction will also remain on record for your lifetime, and may even necessitate the use of an ignition interlock device.
Ignition Interlock Devices
As with any drinking and driving penalty, you may be required to have an ignition interlock device (IID) installed in your vehicle. An IID integrates breath alcohol testing with your vehicle’s ignition system. Prior to starting your vehicle, you will need to submit a breath sample into the IID. The device will read your breath sample to determine if it’s within the device’s legal limit. If you provide a passing breath sample, the ignition will be unlocked and you will be prompted to start your vehicle. Go here to locate the nearest installer to you.
If you need additional assistance with a DUI, DWI or DWAI charge, our team at DUI.org is ready to guide you through every step. Call now to start making your way back on the road.
If you are arrested and convicted of driving under the influence, your driver’s license and privileges will be affected in some way. You may have driving restrictions that can drastically affect your day-to-day life, including when, where and what time of day you can drive your car. The type and severity of the restrictions you receive varies by case and by state, and can be a little confusing. Here is an overview of some of the more common license restrictions and limitations.
What is a Restricted License?
Also known as a “hardship license,” “limited driving license,” “occupational driver’s license” or “Cinderella license,” a restricted license is an alternative to more severe penalties such as license suspension or revocation. Restricted licenses are usually permitted if you rely on driving your car for your job or transporting your children. If you have a restricted licenses, you will be able to drive only to specific destinations such as work, school, worship, medical appointments or alcohol treatment programs. A restricted license ensures you can continue your employment and other necessary daily activities without suffering unnecessarily severe consequences such as loss of income. Under the limitations of a restricted license, you will not typically be allowed to drive to social/recreational gatherings or operate a commercial vehicle.
Restricted licenses vary by state and may require you to take several steps to reduce the restriction time or remove the restriction entirely, such as obtaining SR-22 insurance or installing an ignition interlock device (car breathalyzer) on your vehicle. If you’re unsure if your state allows a restricted license, or what the status of your license is, let DUI.org specialists help you.
Suspended License
A license suspension involves the temporary removal of driving privileges. If your license is suspended following a DUI charge, you will not be allowed to legally drive a vehicle during this time. A license suspension is relatively common and, depending on the state, may be mandatory for first-time DUI offenders. If you are arrested for a DUI outside your home state, your license suspension will most likely follow the laws of the state in which you were arrested. If desired, you can attempt to appeal out-of-state charges, but this may be complicated as you will need two DUI attorneys to assist you — one from your home state to help with the appeal and another from the state you were arrested to fight the DUI allegations.
Similar to a restricted license, it is possible to have your license suspension shortened by fulfilling certain qualifications, such as paying fines, serving community service, installing an ignition interlock device or attending alcohol treatment classes.
Revoked License
A license revocation is the most severe of the driver’s license penalties. A revocation means that your driving privileges have been permanently removed for an indefinite period of time. This is the result of more severe charges, usually involving multiple DUI offenses. The ability to reinstate your license after a revocation varies by state, and involves a far more rigorous process than recovering your license after a suspension.
While it may seem easier to rely on friends and family for your travel needs rather than reinstating your driver’s license, this is unadvised as it can strain even the closest of relationships. It’s not always easy to get back on the road after a DUI, but it’s often possible. An experienced DUI attorney can provide insight on what to expect after a DUI conviction, and may even provide you with the best course of action to recover your driver’s license. DUI.org can assist you with locating the attorney that best fits your needs.
If you have any additional questions about the DUI court process, DUI.org state specialists are here to help! Call now to speak to an agent and get started.
Being charged with a DUI (Driving Under the Influence) is a serious legal matter that can significantly impact your life. The process for navigating DUI charges varies by state, but the impact on your life is often similar. If you’re caught driving with a blood alcohol content (BAC)level at or above the legal limit in your state, you could face a DUI conviction and related penalties.
The events leading up to a DUI charge often start during a routine traffic stop. Here’s what typically happens during a DUI traffic stop:
Law enforcement steps in: If your driving raises concerns, either from other motorists or patrolling officers, you may be pulled over. At DUI checkpoints, law enforcement specifically targets impaired driving. In both cases, you will be stopped and questioned.
A breathalyzer or BAC test is requested: If officers suspect you’re intoxicated, they will request a breathalyzer test to measure your breath alcohol content (BrAC), from which BAC can be determined. Blood, saliva, or urine tests may also be administered.
You will be taken to the police station: After a DUI arrest, unless you need medical treatment, you will be escorted to the police station. If medical assistance is required, you’ll be taken to a hospital. Your vehicle will likely be towed or impounded.
Your driver’s license will be taken: In many states, your license is confiscated after being charged with a DUI, and you may receive a temporary driving permit.
You have a limited time to request a hearing: After a DUI charge, most states require you to request a hearing with the Department of Motor Vehicles within a specific timeframe, typically around 10 days, to contest the suspension of your license.
The first few days after being charged with a DUI (referred to in some states as DWI, and more rarely: OWI, or OMVI) are often tense and overwhelming. Laws and penalties surrounding DUI and DWI charges vary by state, so it’s crucial to start researching your options and next steps as soon as possible.
What Should I Do After Being Arrested for DUI?
If you’ve been arrested for DUI and are unsure about what comes next, here are some practical steps to help you move forward and regain your driving privileges:
Find a DUI attorney: While it’s not required to have an attorney for your DMV or criminal hearings, it’s your right to do so. An attorney can guide you through the process and represent you in court or in your DMV hearing. Many attorneys specialize in DUI cases, which can be beneficial. DUI.org can help you find legal resources if needed.
Handle penalties and requirements: Depending on the laws of your state, you may need to complete various penalties such as an alcohol abuse assessment, paying fines, serving jail time, performing community service, or completing other court-mandated tasks.
Obtain SR-22 (or FR-44) insurance: If convicted of a DUI charge, you may need to file an SR-22 certificate (or FR-44 in Florida and Virginia) that proves you meet the state’s minimum liability insurance requirements. Insurance companies must file the SR-22 or FR-44 certificate on your behalf. After being charged with a DUI, most carriers will classify you as high-risk, likely leading to higher insurance rates at renewal. DUI.org can point you to insurance options to help you find affordable SR-22, FR-44, or high-risk insurance coverage.
Install an ignition interlock device (IID): Many states mandate IID installation following a DUI charge. Ignition interlock devices require you to test your breath alcohol content before starting your car. IIDs are a responsible way to get back on the road. DUI.org works with certified IID providers who can help you meet these requirements and get you driving again.
Top 5 Ways a DUI Charge Affects Your Day-to-Day Life
A DUI conviction can have lasting effects on your daily routine. Here are five ways a DUI may continue to impact your life:
License Suspension or Restricted Driving: Losing your driving privileges can make everyday tasks like commuting or running errands much harder. However, you may be able to regain some or all your driving privileges if you meet certain state conditions, such as installing an IID and obtaining an SR-22/FR-44 insurance certificate.
Increased Insurance Premiums: The DMV or court may require you to maintain an SR-22/FR-44 certificate to ensure you meet state-mandated minimums. Requesting the SR-22/FR-44 from your insurance carrier will alert them to your DUI charge. Your car insurance rates will likely increase significantly at renewal.
Employment and Career Impact: A DUI conviction can show up on background checks, which may affect job opportunities, particularly in fields that require driving.
Financial Strain: Between fines, legal fees, and the cost of an IID, a DUI charge can take a toll on your finances. You may also need to rely on paid transportation while your driving privileges are suspended. Choosing the right legal and service providers can help minimize some of these expenses.
Social and Personal Reputation: Being charged with a DUI can carry a social stigma, which may strain relationships. However, it’s important to remember that how you respond to this challenge can shape your future. Many individuals, including public figures, have recovered from a DUI and gone on to lead successful lives.
Why Contacting DUI.org is a Smart First Step
If you’ve been charged with a DUI, getting your life back on track starts with understanding and fulfilling your legal obligations. DUI.org is here to help you navigate each step, from finding legal assistance to securing SR-22/FR-44 insurance and installing an ignition interlock device. Our team of specialists can guide you through the requirements specific to your state, making the process as smooth as possible.
Don’t let a DUI charge define your future. Contact DUI.org today to get started on the path toward regaining your driving privileges and moving forward with your life.
A DUI conviction on your driving record can have more implications than you realize. While most people are concerned with the short-term consequences of a DUI conviction, such as fines or jail time, there are many other ways a DUI can affect you in the long-term:
Your driver’s license may remain revoked for up to two years after your first DUI conviction.
Your employment may be terminated and locating another job may be complicated when a DUI shows up on a routine background check.
Your automobile insurance rates will increase because of your classification as a “high-risk” driver.
Like others who have been convicted of a DUI, you might wonder how long will a DUI stay on your record? The answer: It depends on the state of conviction, the details of your arrest and prior DUI arrests, if any.
It is important to know that there are two different types of records: a driving record and a criminal record. A DUI conviction affects both these records, and each has different requirements to remove your DUI from public view.
Look-back Period
Most states have a “look-back” or “washout” period, which is defined as the amount of time needed to pass before a DUI can no longer be viewed on your driving record by anyone other than the criminal justice system and the Department of Motor Vehicles.
The look-back period varies by state, ranging from five to 15 years on average, for your first DUI offense. If you are convicted of multiple DUI offenses within your state’s look-back period, you may face more severe penalties such as jail time, additional alcohol treatment classes, increased license suspension or even permanent loss of your driver’s license. If you are arrested for a DUI after serving your state’s look-back period, that current charge will be treated as a first offense on your driving record.
A few states will serve lifetime look-back period if you have acquired multiple DUI offenses within the original look-back period, meaning a DUI will remain on your driving record permanently. Make sure to familiarize yourself with the laws in your state.
Expungement
Expungement is when your DUI conviction is erased or sealed from your criminal record. An expunged record will help relieve some of the burden of living with a DUI. For example, an expunged DUI charge will not show up on most background checks and allows you to truthfully report that you do not have a criminal conviction.
The laws regarding DUI expungement vary by state. Some states require the offender to have completed probation prior to filing an application for expungement while others have a mandatory waiting period that can last several years.
Expungement Limitations
There are limits to having a DUI expunged. If you are arrested for a second DUI, the expunged DUI may still count as a prior offense on your criminal record and you may face more severe consequences. An expungement may clear up a criminal record, but the blemish on your driving record is determined by the state’s look-back period.
Government agencies, health care organizations, law enforcement agencies, school districts and other types of employers may have the ability to view previously expunged criminal records.
Talk with a DUI Attorney
Each DUI case is unique. When managing look-back periods and possible DUI expungement, partner with a qualified DUI Attorney who knows the laws in your area. If you need additional assistance with the DUI process, DUI.org has state specialists available to answer your questions. If you need a referral to a DUI attorney in your area, please call DUI.org at (833) 386-8923.
Many states require a DUI traffic school or driving school course as part of DUI penalties ordered by a judge during sentencing. In some cases, this education program may be optional to help reduce your DUI penalties, reinstate your license more quickly or remove points from your driving record. In other circumstances, it will be mandatory. Let’s review more about these DUI programs below.
What Are DUI Traffic School Programs?
Traffic school and driving school are broad terms that can apply to a variety of driver education programs. For our purposes here, these terms interchangeably describe a driving education program completed as part of the penalties for a drunk driving conviction, either as part of your sentence from the court or to alleviate other penalties.
These programs are required after a drunk driving conviction (or possibly another alcohol- or driving-related offense) because the state where you live uses these courses to encourage safer driving behavior in the future and reduce DUI recidivism.
Sometimes, DUI traffic school or DUI driving classes are integrated into a larger state-mandated alcohol treatment program, and sometimes they operate as standalone programs.
State-Specific DUI Traffic School Rules
As with all DUI penalties, DUI education program requirements vary widely by state. DUI driving school is mandatory for all offenders, including first-time offenders in some states, while in other states or circumstances, it is ordered by a judge.
Additionally, DUI traffic school is technically an optional program to help get back on the road faster or to reduce other penalties in some states or circumstances. These programs are intended to discourage drunk driving and help participants become safer drivers by teaching about the dangers of drunk driving and other safe driving techniques.
In some cases, integrating with counseling or treatment options for alcohol addiction. In California, for instance, DUI traffic school is a classroom-style course that focuses on educating about the dangers of drunk driving and can vary in length from a 12-hour class completed in one month for the least serious offenses to as much as 30 months for third-time DUIs (or second-time with very high BAC) and beyond.
Course Options For DUI School
In California, Arizona, Alaska, Texas, Iowa and other states, an online option for DUI traffic school is available for drivers to take from home. In some states, there may also be a DVD or on-demand streaming option.
These online or DVD courses typically consist of some combination of a textbook/workbook, audio or video lectures and quizzes or a final exam. In most states, there is also a classroom DUI driver’s school course available through state-approved driver education providers.
Typically, you’ll have to listen to lectures or read about the dangers of drunk driving and then demonstrate your comprehension by taking some sort of exam(s). You may also be asked to hear from people whose lives have been negatively impacted by drunk driving.
How Much Does DUI Traffic School Cost?
DUI classes typically cost between $30 and $50. You can receive financial assistance based on your income in some states. For longer-term courses that also integrate with alcohol treatment programs, fees are substantially higher.
Once you successfully complete the course, the provider will give you a certificate or other proof of completion, which you may be able to submit to the court or your state’s DMV to reduce your penalties, expunge your drunk driving offense from your record or regain driving privileges. It can also help reduce your car insurance premium.
Consult with your legal representation to ensure you meet DUI traffic school requirements to reduce your DUI penalties and can get back to driving as quickly as possible after your DUI.
If you need assistance with DUI-related tasks, DUI.org can help – call us now at (833) 386-8923 to speak to a DUI state specialist.
If it’s your first time in a courtroom, remember that you’re not alone. Court is an unfamiliar place for many people who receive their first DUI, DWI, OUI or OWI, but it can also be the place where you successfully defend case. It’s important to know what to expect when your DUI court date arrives — the last thing you want on your court date is a surprise. There are usually several proceedings following a suspected DUI arrest: an arraignment, a preliminary hearing and the trial. Here’s what to expect at each stage of your DUI Court process.
Arraignment
An arraignment is a pre-trial proceeding that’s also referred to as an initial DUI court appearance. An arraignment occurs in a lower court where you, the defendant, will hear the charges brought against you, along with the criminal sentence if you are convicted. You will submit a plea of guilty or not guilty at your arraignment. If you submit a guilty plea, the judge may set a sentencing date, and this will be your final day in DUI court. If you plead not guilty, a court date will be established. It is advised that you hire a private or state-appointed attorney if you wish to proceed to a hearing or trial, as they have the expertise to defend your case. If you plan on fighting your charges, you may need to post bail.
DUI Preliminary Hearing
A DUI preliminary hearing will be held if you plead not guilty to the drunk driving charges brought against you in the arraignment. A state prosecutor, or state attorney, will present all the known facts to your case. They will use police reports and may even call any eye witnesses to undercut your case and prevent it from moving forward to a trial. If the prosecutor doesn’t have sufficient evidence against you, the judge will then determine if your case will be dismissed or if it needs to go to trial.
Trial
During a DUI trial, a state prosecutor will once again provide all prior evidence, new evidence and any testimonies they have against you, and you or your attorney will use any resources available to defend your case in front of a jury. After closing arguments, the jury will deliberate and arrive at a verdict. If the jury’s decision is not unanimous, the judge will call for a retrial to be held at a later date or declare a mistrial. If a mistrial is declared, the case will be dismissed and the charges against you will be dropped.
After the DUI Trial
It’s important that you come to terms with the consequences of your arrest and make necessary plans as soon as possible, even if there’s a chance your charge is dropped. With a drunk driving conviction, you may face several penalties, including fines, public service hours, jail time, installation of an ignition interlock device, alcohol treatment and more.
Here are a few additional tips you should know prior to appearing in DUI court:
Dress professionally. Courts will usually have some form of dress code, and it’s in your best interest to present yourself as respectable and professional as possible. Wear modest clothing and avoid excessive jewelry. Avoid wearing items like sunglasses or hats, as a judge may make you remove them regardless.
Stay organized. Keep all arrest documentation, list of witnesses, declarations, photos/exhibits and any other court papers. If you fill out forms, remember to submit them on time. Make copies of your documents, and retain all original records. Ensure that you have all relevant records on hand at all times.
Know all details of your DUI arrest. Review the police report thoroughly and be sure to ask your attorney if you have any questions regarding your case. Make any notes about your DUI arrest as soon as possible while the event is fresh in your mind.
If you need assistance preparing for your DUI court date, such as finding a DUI attorney, or any other DUI related issue, DUI.org can help — call us now at (833) 386-8923 to speak to a DUI Specialist.
Injury and property damage caused by drunk driving is not an unusual occurrence in the United States, unfortunately. In 2010 alone, the economic price tag of alcohol-related crashes totaled $44 billion. In 2018, 29 percent of all motor vehicle traffic fatalities were caused by drunk driving, according to the National Highway Traffic Safety Administration.
What Happens When You Crash Your Car and Get a DUI?
Being charged with driving under the influence is a very serious matter. If you’re involved in an automobile accident while under the influence of alcohol, you will likely face more serious legal consequences than if you were arrested for drunk driving only. When an automobile accident is involved with impaired driving, you may be charged with an aggravated DUI. Many factors, including which state the accident occurred in, will be considered when your case is brought to court. Was someone injured? Was there extensive property damage? Did you endanger someone else in your vehicle? Was the collision your fault?
DUI Accident Charges Differ by State
Some states’ drinking and driving laws don’t specify stronger penalties for aggravated DUI offenders who cause property damage or injury, and other states may upgrade the DUI charge from a misdemeanor to a felony. You can also expect to receive more severe treatment from prosecutors and judges if you’re charged with an aggravated DUI. Chances of a favorable plea bargain are reduced, and judges will usually hand out longer sentences if additional damages or injury occurs. If the automobile accident results in a fatality, however, you will most likely receive a jail sentence.
Comparing Standard DUIs vs. Aggravated DUIs
A 2015 survey compared the experiences of drivers who received standard DUIs (DUIs without accidents) to drivers who received aggravated DUIs (involving property damage or injury). The survey showed:
Costs were, on average, $1,000 more expensive for drivers convicted of a DUI that involved a collision.
Prosecutors were 7 percent more likely to file charges against those who had a DUI involving a collision.
Aggravated DUI conviction rates are substantially higher, with an overall conviction rate of 91 percent as opposed to 66 percent for those with standard DUIs.
Along with the legal and financial ramifications of a DUI conviction, you will see a drastic increase in your car insurance rates, especially if a collision is involved.
Depending on the state, an aggravated DUI could also implicate any passengers who were in the vehicle during the accident. If the passenger is of legal driving age and has a blood alcohol concentration of zero, they could also be arrested and charged with reckless endangerment, providing the driver showed obvious signs of intoxication. However, this law is not applicable in all states, so check the drinking and driving laws of the state where you live.
What to Do If You Are Facing DUI Accident Charges
If you are driving while intoxicated and are involved in a collision, you will most likely be considered the negligent driver and cause of the accident. If you feel that this is not the case, you will need to hire a good DUI attorney to help fight these charges and prove that your intoxication did not cause the accident. If you don’t have a good defense, you could end up paying thousands of dollars for any medical or property damage.
If you need assistance with your DUI case, DUI.org Specialists are available to answer questions and help guide you through your requirements. Call us today at (833) 386-8923 to get started.
Your DUI Sentencing – What it Means for Your Future
The first step after receiving a DUI sentence is to understand the specific penalties you’ve been handed. DUI sentences can vary widely depending on whether it’s a first offense, your level of intoxication, and whether there were aggravating factors like an accident or injury. DUI penalties might include fines, jail time, probation, community service, installation of an IID, or mandatory participation in DUI education programs. Your lawyer should explain these details to you, ensuring you know exactly what is expected.
It’s normal to feel a range of emotions after a DUI sentence—guilt, fear, and anxiety are common. It’s crucial to acknowledge these feelings and seek support. Talking to family, friends, or a professional counselor can help you process your emotions and plan your next steps. Remember, you’re not alone, and there are resources available to help you through this difficult time.
DUI Fines and Financial Penalties
Breakdown of Common DUI Fines
Fines for DUI offenses can range from a few hundred to several thousand dollars. First-time offenders may face smaller fines but repeat offenders or those involved in more severe incidents will likely face steeper financial penalties. In addition to the fine, you may also be responsible for court costs, legal fees, and other expenses like the cost of installing an ignition interlock device in your vehicle. For more detailed information, visit our budgeting page.
Payment Plans and Options
If the fines are substantial and you’re concerned about how to pay them, many courts offer payment plans. It’s important to discuss this with the court clerk or your attorney. Failure to pay fines on time can lead to additional penalties, including extended probation or even jail time, so it’s crucial to stay on top of these payments.
Jail Time and Alternatives
Serving Time after a DUI
If your sentence includes jail time, it’s important to understand what this will entail. Jail time for DUI offenses can range from a few days to several months, depending on the severity of the offense. You’ll need to prepare for this by arranging for someone to take care of your responsibilities, such as work or family obligations.
Home Confinement or Electronic Monitoring
In some cases, especially for first-time offenders, courts may allow alternatives to traditional jail time, such as home confinement or electronic monitoring. With home confinement, you’re required to stay at home except for approved activities like work or court-ordered programs. Electronic monitoring involves wearing a device that tracks your location. While these options can be less disruptive than jail, they come with financial costs as well as strict rules and limitations.
Probation and Compliance
Understanding Probation Terms
Probation is a common component of DUI sentences. This typically involves regular check-ins with a probation officer, random drug or alcohol testing, and attending any required programs or counseling sessions. It’s vital to adhere strictly to the terms of your probation, as any violations can result in more severe penalties, including jail time.
Common Pitfalls
Many people unintentionally violate probation by missing appointments, failing a drug test, or not meeting requirements. To avoid these pitfalls, keep a detailed calendar of all your probation requirements and make them a priority. If you encounter any issues that may affect your compliance, contact your probation officer immediately.
License Suspension and Driving Restrictions
Dealing with License Suspension
A DUI conviction often results in the suspension of your driver’s license, which can last anywhere from a few months to several years. This can significantly impact your daily life, making it challenging to get to work, run errands, or fulfill other responsibilities. However, in some states, you may be eligible for a restricted or hardship license that allows you to drive to specific places, like work or school.
Ignition Interlock Devices
In many cases, you may be required to install an ignition interlock device in your vehicle. This device requires you to pass a breathalyzer test before your car will start. The cost of installation and maintenance of this device is typically your responsibility. Staying compliant with the interlock device requirements is crucial, as tampering with it or failing to use it properly can lead to further legal trouble.
Common Requirements to Reinstate Your Driver’s License After a DUI
Requirements vary according to local regulations or judicial discretion.
Installing an ignition interlock device (IID)
Filing an insurance SR-22 proof of financial responsibility form
Getting a professional alcohol-use assessment
Completing a DUI driver’s education course
Paying all outstanding fines and penalties
Other requirements may apply
DUI Education Programs
Court-Ordered Programs
As part of your DUI sentence, you may be required to attend DUI education or treatment programs. These programs are designed to educate you about the dangers of impaired driving and help you make better choices in the future. They may involve attending classes, counseling sessions, or support groups.
Completion and Certification
It’s essential to complete these programs as ordered by the court. Upon completion, you’ll receive a certificate that you must submit to the court or your probation officer. Failing to complete these programs can result in extended probation or additional penalties, so make sure you fulfill this requirement on time.
Long-Term Consequences
Impact on Employment
A DUI conviction can have long-term consequences on your employment, particularly if your job requires driving or involves operating heavy machinery. It may also affect your ability to obtain certain professional licenses. If you’re concerned about how this conviction will impact your job, consider discussing the situation with a legal professional who can advise you on your rights and options.
Insurance and Financial Impact
A DUI conviction on your driving record will likely lead to a substantial increase in your auto insurance premiums, and some companies may even choose not to renew your policy. In many states, drivers are required to file an SR-22 or FR-44, which confirms you have the necessary coverage after a DUI. It’s crucial to shop around for an insurance provider willing to offer coverage but be prepared for higher costs. However, specialized SR-22 insurance providers can help you find more affordable rates despite the DUI on your record.
SR-22 and FR-44 Insurance Certificate Requirements
SR-22 and FR-44 are both certificates of financial responsibility that prove you meet your state’s minimum insurance requirements after a DUI or other serious driving offense. The SR-22 is commonly required in most states, while the FR-44 is specific to Florida and Virginia and typically requires higher liability coverage limits than the SR-22. These filings are usually mandated for a set period, often three years, and your insurance provider submits them on your behalf. Asking for this also notifies your current insurer that you may have a new incident on your driving record. Some insurance companies may raise rates higher than others after they learn of your DUI. That’s why it’s helpful to work with a specialized SR-22 or FR-44 insurance provider to ensure you stay compliant and potentially save on premium costs.
Moving Forward After a DUI Conviction
Rebuilding Your Life
After a DUI conviction, it’s important to focus on rebuilding your life and making positive changes. This might involve seeking help for substance abuse issues, avoiding situations where you might be tempted to drink and drive, and surrounding yourself with supportive people who encourage healthy choices. Remember, while a DUI conviction is a serious matter, it doesn’t define your entire life.
Expungement Possibilities
In some cases, it may be possible to have a DUI conviction expunged from your record. Expungement laws vary by state, so it’s important to consult with a lawyer who specializes in this area. If you’re eligible, expungement can help you move forward with a clean slate, free from the long-term stigma of a DUI conviction.
Understanding what to expect and taking proactive steps to comply with your sentence, you can begin the process of moving forward from your DUI.
If you’ve been arrested for a DUI in Oklahoma, recent changes to state law have introduced the Impaired Driving Accountability Program (IDAP), which took effect on November 1, 2022. This program is designed to help those with DUI-related arrests regain driving privileges through the use of an ignition interlock device (IID). The IDAP program, administered by the Oklahoma Board of Tests (BOT), plays a crucial role in ensuring public safety and preventing repeat offenses.
Here’s what you need to know about Oklahoma’s BOT IDAP and how it can affect DUI charges for you or other Oklahoma drivers.
What is BOT IDAP?
BOT IDAP is an ignition interlock program required for all DUI-related arrests after November 1, 2022. The program is mandatory for those who want to regain driving privileges in Oklahoma. The core requirement of the program is the installation of an IID in your vehicle, which must remain installed for a designated period based on the number of DUI offenses you have on record.
The cost of enrolling in the program is $150, and additional fees will apply for the installation and maintenance of the IID.
Program Lengths Based on Offenses
The length of time you’re required to participate in the BOT IDAP program depends on your number of offenses:
Second offense: A minimum of one year with an active ignition interlock device.
Third and subsequent offenses: A minimum of two years days with an active ignition interlock device.
It’s important to note that program lengths cannot be served concurrently—each offense carries its own period.
How the Program Works
Participants must comply with BOT IDAP’s rules for the entire program period, including the following:
Your vehicle must remain equipped with an ignition interlock device for the entire period.
The device must remain powered and operational throughout the program.
If you park your vehicle or switch to a vehicle without an IID, you will not successfully complete the program.
The device must not enter “permanent lockout” status. If it does, you will not complete the program.
Failure to comply with any of these requirements will result in program failure, and you may be required to restart the process from the beginning.
Steps to Complete the BOT IDAP Program
The BOT IDAP program includes several key steps:
Apply for BOT IDAP: If you’ve received a Notice of Revocation from Service Oklahoma, you must apply for the BOT IDAP program.
Install the Ignition Interlock Device: You must have an IID installed in your vehicle by an approved service provider.
Complete Enrollment with BOT: After the IID is installed, you need to complete your enrollment with the Oklahoma Board of Tests.
Obtain a Restricted Driver’s License: After installing the IID, you can obtain a restricted driver’s license from Service Oklahoma.
Complete the Program: To finish the program, you must meet the active ignition interlock days and demonstrate compliance with program rules.
Once you’ve completed the program requirements, you can apply for a Certificate of Completion .
Affordability Accommodations for BOT IDAP Participants
For those facing financial challenges, Oklahoma offers affordability accommodations. If you receive benefits from programs like Temporary Assistance for Needy Families (TANF) or Supplemental Nutritional Assistance Program (SNAP), you may qualify for reduced costs. Participants who meet the affordability requirements may receive credits toward their IID fees.
Employer Vehicle Exceptions
Participants who drive company vehicles for work may be eligible for an employer vehicle exception, allowing them to drive a vehicle without an IID in certain circumstances. This exception applies only to vehicles owned or leased by the employer and is available to those enrolled in a 180-day program. The exception only grants Class D driving privileges and requires written, notarized requests from the employer.
Program and Device Violations
It’s important to comply with all program rules. Violations such as skipping startup tests, tampering with the device, or failing to power the IID can result in penalties, including extended time in the program or permanent lockout status.
If a violation occurs, you have five days to return to the service center before the IID enters permanent lockout, which prevents the vehicle from starting.
Completing the BOT IDAP Program
To successfully complete the program, you must meet the following requirements:
Fulfill the active ignition interlock days based on your offense.
Have no interlock violations within the final 90 days of the program.
Demonstrate full compliance with all program rules.
If you’ve completed the program and need a certificate, you can request one through the BOT.
Plan Ahead and Stay Compliant
If you’ve been arrested for DUI in Oklahoma, the BOT IDAP program is a critical step in regaining your driving privileges. By understanding the program requirements and ensuring compliance, you can successfully complete the program and get back on the road safely.
For more information or assistance with the BOT IDAP process, call DUI.org today. We can help connect you with an approved IID provider and guide you through the steps to meet your legal obligations.
