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Learn the Process

Being arrested for a DUI (Driving Under the Influence) in Florida can feel overwhelming. Florida DUI laws are stringent, so understanding your rights and the potential penalties is crucial. Whether you’re facing your first, second, or third DUI charge in Florida, here’s what you can expect regarding fines, jail time, and other consequences. 

Florida DUI Laws 

In Florida, it is illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. However, you may also be arrested for DUI if your driving is impaired due to alcohol or drugs, even if your BAC is below this limit. Florida also enforces a zero-tolerance policy for drivers under 21, with license suspension for any underage driver with a BAC of 0.02% or higher. 

Penalties for a DUI charge in Florida vary based on prior offenses, BAC level, and aggravating factors, such as having a minor in the vehicle. Florida DUI laws also impose harsher penalties for DUIs involving injury or death, which may include felony charges and long-term imprisonment. 

What Happens if I Refuse a Breathalyzer in Florida? 

Refusing a breathalyzer test invokes Florida’s implied consent laws, resulting in an automatic license suspension. A first refusal leads to a one-year suspension, while subsequent refusals carry an 18-month suspension and may include misdemeanor charges. 

How Long Does a DUI Stay on My Record in Florida? 

A DUI conviction remains on your criminal record indefinitely in Florida. Expunging or sealing a DUI requires specific eligibility criteria, but a DUI conviction is generally a permanent record in the state. 

Florida DUI Penalties for First, Second, and Third Offenses 

Penalties for a First DUI in Florida 

  • License Suspension: Driver’s license revoked for 180 days to one year. 
  • Fines and Court Fees: $500 to $1,000, increasing to $1,000–$2,000 if BAC is 0.15% or higher or if a minor is in the vehicle. 
  • Community Service: Up to 50 hours, or a $10 fine per required hour.
  • Jail Time: Up to six months if BAC is below 0.15%; up to nine months if BAC is 0.15% or higher or if a minor was in the vehicle.  
  • Ignition Interlock Device (IID): IID required for six months if BAC was 0.15% or higher or if a minor was in the vehicle. 
  • FR-44 Insurance: Must carry FR-44 insurance with higher liability limits for three years. 
  • DUI Program and Alcohol Treatment: Completion of a state-approved DUI program is mandatory, and an alcohol treatment program also may be required. 

Penalties for a Second DUI in Florida 

  • Increased Fines: $1,000 to $2,000, or $2,000–$5,000 if BAC was 0.15% or a minor was present. 
  • Five-Year License Suspension: If the second DUI is within five years of the first, license revocation is for a minimum of five years, with hardship license eligibility after one year. 
  • Mandatory Imprisonment: Minimum 10 days in jail if the second offense is within five years of the first. 
  • Ignition Interlock Device (IID): A one-year IID requirement is mandatory for a second DUI. 

Penalties for a Third DUI in Florida 

  • Jail Time: Mandatory minimum of 30 days if the third DUI conviction occurs within 10 years of the second. If more than 10 years after a prior conviction, up to 12 months is possible. 
  • Hefty Fines: $2,000–$5,000, or not less than $5,000 if BAC is above 0.15% or a minor was in the car. 
  • Mandatory 10-Year License Revocation: A third DUI within a decade mandates a 10-year revocation, with hardship license eligibility after two years. 
  • Ignition Interlock Device (IID): Required for a minimum of two years. 
Need an IID Installed? Call our experts to start your road to recovery.

Administrative License Suspension 

Florida’s administrative suspension laws mean your license can be suspended immediately upon arrest if your BAC is 0.08% or higher or if you refuse a breath test. Drivers have 10 days to request a formal review hearing to contest this suspension. 

Hardship License Options 

Florida offers hardship licenses for limited driving privileges after a DUI, particularly for work, school, and essential activities. Eligibility depends on the DUI count and timing of offenses, along with completing required DUI programs. 

DUI Diversion Programs 

Some Florida counties offer DUI diversion programs, which may result in a reduction of charges, especially for first-time offenders. However, eligibility depends on the county, specific case details, and the prosecuting attorney’s discretion. 

Additional Consequences of DUI Convictions in Florida 

DUI convictions in Florida carry significant penalties beyond fines, license suspension, and jail time. Other consequences include: 

  • Increased Insurance Costs: DUI convictions often lead to higher premiums or the need for special insurance like FR-44 insurance, with increased liability limits for DUI offenders. 
  • Employment Impact: A DUI conviction appears on background checks, potentially impacting job prospects. 
  • Habitual Traffic Offender (HTO) Status: Repeated DUI offenses can lead to an HTO designation, resulting in a five-year license suspension. 
  • Permanent Criminal Record: A DUI conviction is a permanent part of your criminal record unless expunged or sealed, affecting your future in various areas. 
  • Vehicle Impoundment: For second and subsequent DUIs, Florida mandates impounding your vehicle for a certain period following conviction. 
  • Community Service or Probation: Additional hours of community service or probation may be court-ordered depending on the circumstances of the DUI. 

Penalties for DUIs with Minors in the Vehicle 

If a minor (under 18) is in the vehicle during a DUI, Florida imposes enhanced penalties, which may include additional jail time, higher fines, and an IID requirement even for first offenses. 

DUI Manslaughter and Serious Injury DUIs 

A DUI that causes injury or death is prosecuted as a felony in Florida, carrying severe penalties: 

  • DUI Manslaughter: Penalties for DUI manslaughter include prison sentences of up to 15 years and permanent license revocation. 

Effect of Out-of-State DUI Convictions 

Florida counts out-of-state DUI convictions, which can affect penalties and requirements for new DUI offenses within the state. This means that a DUI conviction elsewhere may increase the severity of your Florida DUI penalties. 

Can a DUI in Florida Be Reduced to a Lesser Charge? 

In some cases, it may be possible to negotiate a DUI down to a lesser offense, such as reckless driving, which often carries lesser penalties. The likelihood of reduction depends on the offense circumstances, your record, and the quality of legal representation. 

Moving Forward After a DUI Charge in Florida 

If you’ve been charged with a DUI in Florida, DUI.org is here to support you with essentials like finding the right ignition interlock device (IID) or securing FR-44 insurance. Call DUI.org for help and clarify in satisfying these requirements.  

Need Help with IIDs or SR-22/FR-44 After a DUI? Call DUI.org Today. 

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Pulled Over

DUI checkpoints are a common method used by law enforcement to identify impaired drivers and promote road safety. Sometimes called drunk-driving checkpoints, DUI checkpoints are set up in specific locations where officers stop vehicles and check for signs of impairment. The goal is simple: to prevent accidents caused by drivers under the influence of alcohol or drugs. 

While DUI checkpoints serve an important public safety purpose, they can sometimes feel like a hassle for drivers who are sober or have had just a drink or two and believe they are safe to drive. The process can be stressful—no one enjoys being pulled over unexpectedly. However, it’s important to remember that these stops are about keeping everyone safe by identifying those who may be impaired and helping to prevent potentially dangerous situations on the road. 

What is a DUI Checkpoint? 

A DUI checkpoint is a place where police officers stop cars to check if drivers are under the influence of alcohol or drugs. These checkpoints are usually set up in busy areas, especially on weekends or holidays when people are more likely to drink and drive. Officers stop cars at random or in a certain order to quickly see if the driver is impaired. DUI checkpoints are legal in many states and help keep roads safer by stopping drunk drivers. 

How DUI Checkpoints Work 

At a DUI checkpoint police stop cars in a pattern, like every third or fifth car. When a driver is stopped, the officer will ask for a driver’s license and may ask a few questions to check for signs of drinking, such as slurred speech or the smell of alcohol. If the officer thinks the driver may be drunk, they might ask them to take a breathalyzer or do a simple sobriety test. If the driver fails, they can be arrested for DUI right there. These checkpoints are quick and meant to help keep roads safe. 

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Effectiveness of DUI Checkpoints 

Not all states use DUI checkpoints—currently, only 38 states allow them—but they have been shown to reduce alcohol-related accidents and injuries. Studies, such as a 2009 CDC study showed that crashes involving alcohol are reduced by 17%, and that all crashes independent of alcohol involvement are reduced by 10-15%. 

A 2022 study found that DUI checkpoints led to a significant reduction in the number of local drivers testing with a breath alcohol content (BrAC) over .05% for up to a week after the checkpoint took place. 

Balancing the Inconvenience 

For many responsible drivers, the inconvenience of DUI checkpoints can feel frustrating. But it’s worth considering the larger picture: these checkpoints save lives and reduce the overall cost of alcohol-related accidents. According to research from Mothers Against Drunk Driving (MADD), for every dollar spent on DUI checkpoints, communities save between $6 and $23 in costs related to alcohol-related crashes. This includes medical expenses, property damage, and other associated costs. 

Despite the hassle they may sometimes cause, DUI checkpoints play a crucial role in ensuring that fewer impaired drivers are on the road, making it safer for everyone. 

Need Help After a DUI? 

Need help navigating the aftermath of a DUI? DUI.org is here to guide you through the process, from understanding your penalties to safely and responsibly getting back on the road. Contact a DUI.org state specialists today for help installing an IID or finding affordable SR-22 or FR-44 insurance after a DUI. 

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Stay Strong

Celebrities are often seen as role models, whether they want to be or not, and their behavior has a strong influence on their fans. When celebrities with DUIs face public scrutiny, it affects their reputation and can shape how their followers view serious issues like impaired driving. 

The way celebrities with DUIs handle their mistakes—whether they apologize publicly, take responsibility, or follow through with meaningful changes—can have a ripple effect, either encouraging better behavior or unintentionally normalizing poor decisions. By taking accountability, these public figures can turn their missteps into powerful lessons for fans, especially when they lead by example in changing their behavior. 

Below are some well-known celebrities with DUIs, showing that even the most successful individuals can make mistakes. 

Celebrities with a DUI 

Justin Bieber

In 2014, Justin Bieber was arrested for DUI in Miami, facing additional charges for driving with an expired license and resisting arrest. Bieber’s public response in 2021 reflected on how the arrest marked a low point in his life.  

“7 years ago today I was arrested, not my finest hour. Not proud of where I was at in my life,” Bieber posted. 

Fortunately, Bieber’s comment in this interview let his fans know that he thought his behavior wasn’t acceptable. We hope his comments conveyed a regretful tone dissuading fans from similar behavior. 

Suga (BTS) 

In 2024, Suga from BTS was involved in a DUI incident while riding a scooter in South Korea. The situation shocked fans, highlighting how DUI laws apply regardless of fame.  

Suga’s case demonstrates the importance of accountability and the impact that public figures have in setting responsible examples for their large, devoted audiences. 

Later Suga expressed remorse for his decisions by publishing a personal apology to all his fans.  

Jay Cutler

Jay Cutler, former NFL quarterback, was arrested in 2024 for DUI and illegal gun possession. Cutler reportedly offered a driver of a vehicle he struck $2,000 not to call the police and attempted to flee the scene of the accident. 

As a former professional athlete, his case underscores that athletes, like any other public figures, are not above the law. Cutler was taken into custody and spent time in jail. He could face more punishments in the future.  

His response to accountability serve as a powerful lesson to others about the importance of taking responsibility for one’s actions, particularly when it comes to road safety. 

Tiffany Haddish 

Comedian Tiffany Haddish faced two DUI arrests within a few years, the most recent in 2023. Haddish has been open about her struggles with alcohol, and her public reflections emphasize the importance of self-care and personal responsibility.  

Haddish’s interview with Hoda Kotb downplayed the significance of her most recent arrest, but she also claimed she gave up alcohol completely after the arrest.  

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Reese Witherspoon 

In 2013, Reese Witherspoon was arrested for disorderly conduct during a DUI stop involving her husband. Afterward, Witherspoon expressed embarrassment and apologized publicly, using the moment to encourage others to think more carefully about their behavior. Her willingness to address the incident serves as an example of taking responsibility in the public eye. 

Michael Phelps 

Even Michael Phelps, the most decorated Olympian in history, faced DUI charges in 2004 and 2014 and is among the many celebrities with DUI charges. Phelps openly discussed how these incidents led him to seek help, focus on his mental health, and make long-term changes. His story illustrates the importance of not only admitting mistakes but also following through with meaningful actions toward recovery. 

Kevin Hart 

In 2013, Kevin Hart was arrested for DUI. Hart’s response was to reflect on how the incident served as a wake-up call, pushing him to make better choices. Hart’s description of his arrest as a “Wake-up call” lets fans know that he realized his behavior needed to change. 

How Celebrity DUIs Impact Fans and Influence Safer Choices

Celebrities with DUIs have a unique platform, and their actions—good or bad—can greatly influence their fans. When they face serious situations like celebrity DUI arrests, the way they respond can set a powerful example. It’s important that public figures not only acknowledge their mistakes but also follow through with meaningful actions that promote safer, more responsible behavior. 

If you’ve been charged with a DUI, you’re not alone, and there are resources available to help. At DUI.org, we provide the information and support you need to move forward, meet legal requirements like IID installation and SR-22 or FR-44 insurance filings, and regain your driving privileges. Reach out to us today for guidance. 

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Learn the Process

A DUI conviction can mark a challenging period in your life, and after handling the immediate legal consequences, you may naturally start to wonder: “Do employers care about DUI convictions, and how might they will impact my career?” 

Does a DUI Show Up on a Background Check? 

A DUI can hurt your employment prospects. For those who drive to work, losing your license can create logistical difficulties. Additionally, certain employers may have policies against hiring individuals with a DUI or alcohol-related offense on their record. This is especially true for positions requiring professional licensing, such as healthcare, education, and transportation. In some cases, a DUI conviction may force you to rethink your career path. 

Unless the conviction has been expunged, it will likely appear on background checks, particularly if your motor vehicle record is being reviewed. Even a pending DUI charge could show up during the hiring process. 

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How to Handle a DUI Conviction When Job Hunting 

Job hunting after a DUI conviction can be intimidating as you may wonder, do employers care about DUI records and how they impact hiring decisions. However, there are still many opportunities available. Here are some tips for navigating the job market after a DUI conviction: 

1. Use discretion when revealing your DUI conviction 

Some employers will require a background check as part of the hiring process. If the job does not require you to disclose a DUI conviction upfront, use your best judgment on when to bring it up. If you believe the offense will affect your application, be prepared to discuss it if it comes up during a background check. 

2. Plan for reliable transportation to potential jobs 

If your license has been suspended or revoked, transportation can be a challenge. Consider alternative transportation options like public transit, rideshares, or working remotely. Some companies may even offer transit stipends or flexible work-from-home arrangements, depending on the role. 

3. Utilize available resources 

There are numerous government and nonprofit programs that provide support during this difficult time. These services are designed to help individuals with a DUI conviction reintegrate into the workforce, so don’t hesitate to seek assistance. Knowing the answer to questions like: “Do employers care about DUI records?” can help you better navigate your career path after a conviction. 

Ready to Get Back on the Road? 

If part of your penalty includes the installation of an ignition interlock device (IID), you’ll need to comply with your state’s requirements to regain your driving privileges. DUI.org can help you find the information you need to install an IID and connect you with resources to get back on the road safely and legally. Contact us for more details on navigating your DUI penalties and meeting your legal obligations. 

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Pulled Over

Not everyone realizes that you can get a DUI for riding a bike drunk. While it may sound like the setup to a joke, riding a bike drunk is not only dangerous but can also lead to legal trouble in many states.  

Depending on where you are, cycling with a blood alcohol concentration (BAC) over the legal limit—typically 0.08%—can result in DUI charges like those for driving a car while intoxicated.  

However, the penalties and legal definitions of biking under the influence vary widely from state to state. 

What Defines Biking Under the Influence?

While laws differ, most states treat biking under the influence similarly to operating any motor vehicle under the influence.  

Many states classify a bicycle as a “vehicle,” meaning if you’re caught riding in public areas, such as on streets, highways, or parks, while impaired, you could face legal consequences.  

The rationale is simple: riding a bike drunk puts not only the rider at risk but also pedestrians, other cyclists, and drivers. Some states have stricter interpretations of drunk biking laws, while others may have more lenient regulations, but the overall goal is public safety. 

What are the Penalties for Riding a Bike Under the Influence?

The penalties for biking under the influence vary depending on your location. In many states, a DUI conviction on a bike carries consequences similar to a DUI in a motor vehicle. First offenses are generally misdemeanors, but the penalties can still be severe and life-impacting. 

Here are some potential consequences of a DUI on a bike: 

  • Financial penalties: Offenders may face fines that can range from a few hundred to several thousand dollars, depending on the state. In some cases, the fines may also lead to higher insurance premiums. 
  • License suspension or revocation: Even though you don’t need a driver’s license to ride a bike, many states will still suspend or revoke your driver’s license if you’re convicted of a DUI on a bicycle. 
  • Jail time or community service: You could face a short jail sentence, especially if you’re a repeat offender. Alternatively, you may be sentenced to community service hours or probation. 
  • Probation: Probation may be ordered, which limits certain freedoms and enforces stricter oversight, including regular check-ins or mandated sobriety. 
  • SR-22 Requirement: Some states require SR-22 insurance to demonstrate proof of financial responsibility.  
  • Treatment programs: Offenders may be required to enroll in alcohol treatment programs or take mandatory substance abuse classes.
  • Ignition interlock device installation: While rare for biking-related DUIs, some states may require IID installation in your vehicle, preventing you from driving without passing a breathalyzer test first. 

So, can you get a DUI while riding a bike? Absolutely. And though many people assume biking while intoxicated is a safer option than driving, it can still lead to significant legal trouble. It’s best to avoid operating any kind of vehicle when under the influence. 

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How to Stay Safe and Avoid Biking Under the Influence 

The simplest way to avoid a DUI while biking is to never ride a bike when impaired. If you’ve had too much to drink, it’s always best to arrange for a sober ride home, whether that’s through a rideshare service, public transportation, or a designated driver. Not only does this keep you out of legal trouble, but it also keeps you and others safe. 

Additionally, understanding the specific laws in your state can help you make informed decisions. Even if biking under the influence isn’t explicitly illegal in your state, you can still face other charges like public intoxication, disorderly conduct, or reckless driving. 

State-by-State Variations in Bicycle DUI Laws 

Bicycle DUI laws vary significantly from state to state. In states like California, a specific statute exists for biking under the influence, and penalties are relatively similar to motor vehicle DUI charges.  

Other states, such as Florida, may not have explicit laws regarding biking while intoxicated but bicycles are considered vehicles, and you can be charged with a bicycle DUI

In some states, such as Washington, law enforcement treats impaired drivers of bicycles and motor vehicles differently, so while a drunk cyclist may not receive a DUI, their bike could be impounded until the driver pays a fee. Otherwise, the bike could be sold or thrown away. 

It’s a good idea to research and understand your state’s specific drunk biking laws to avoid costly penalties and dangerous situations. 

Know the Rules Before Hitting the Road 

Riding your bike after a night out may seem like a convenient solution, but it’s important to consider the potential risks and legal implications. Staying safe and sober while riding is the best way to avoid injury, legal trouble, and the possibility of a biking under the influence charge. 

How DUI.org Can Help 

If you’ve been charged with biking under the influence, DUI.org can help you with the essentials—finding the right ignition interlock device (IID) or securing SR-22 or FR-44 insurance, as required in some states. Our specialists are here to guide you through these steps, so you can move forward with confidence. 

Don’t let a charge hold you back. Contact DUI.org to get started on the path to regaining your freedom responsibly. 

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Learn the Process

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. 

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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.

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Learn the Process

What is a DWAI Charge?

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.

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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.

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Learn the Process

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.

Speak with a DUI Specialist. Call now for support and learn about the DUI process in your state.

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. 

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Learn the Process

You Got a DUI, Now What?

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: 

  1. 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. 
  2. 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. 
  3. 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. 
  4. 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. 
  5. 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: 

  1. 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. 
  2. 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. 
  3. 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. 
  4. 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. 
Support is just a call away. Get DUI Specialist support and learn your state's DUI requirements.

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: 

  1. 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. 
  2. 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. 
  3. Employment and Career Impact: A DUI conviction can show up on background checks, which may affect job opportunities, particularly in fields that require driving. 
  4. 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. 
  5. 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. 

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Learn the Process

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. 

Support is just a call away. Get DUI Specialist support and learn your state's DUI requirements.

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.