How to Respond to a DUI

Most people experience few more frightening experiences than being arrested for driving under the influence of alcohol or drugs. You're treated like a criminal because, in most states, driving a vehicle with a blood alcohol level of over eight parts per hundred (or .08) is considered a very serious threat to public safety. Whether it's called driving under the influence (DUI), operating while intoxicated/impaired (OWI) or operating under the influence/impairment (OUI) or just plain drunk driving, this offense will get you in big trouble. You'll face a hefty fine and loss of your driving privilege in most states. Provided that this is the first time you've been stopped for this violation, there are some things you should know before responding to an officer who asks "Have you been drinking?"

Difficulty: Moderately Challenging

Instructions

1. The officer who stopped you had to have a reason to stop you. This is known as "probable cause" and the officer may have noticed you speeding, driving erratically or even driving too slowly. Whatever the reason for pulling you over, the officer has to be able to put it into words in court. Once the officer stops you, there must be a reason (like odor or slurred speech) to suspect that you've had too much to drink.

2. In most states, you may not refuse to take a test to determine whether you've had too much to drink. Many people think that a driver's license is a right. It's not. Like any other license, it's a privilege that can be taken away. It will be revoked if you refuse to take a breath test or do a performance test to determine whether you are impaired. This is called "implied consent" and it means that when you get a driver's license, you agree to obey all the laws and understand that you will lose your license if you fail to follow the law.

3. Don't admit anything, but don't lie. Most people try to "act" sober. If you're impaired, this may look pretty silly. If you're caught, anything you do to confuse or mislead the officer can be brought up in court as an "aggravating circumstance." You might also be cited for obstructing an officer. Odds are that it's all being videotaped from the dash of the police cruiser.

4. Consider asking for an attorney immediately. Many jurisdictions deal with first DUIs in a municipal court as a misdemeanor. In this situation, you can generally defend yourself because a pro se court (where you speak for yourself) tends to spend more effort making sure that defendants understand rights and procedures. However, there are a lot of attorneys who specialize in defending DUI defendants and they are able to give you legal advice that the court and any other source of information can't. Remember this is one of the most serious (short of causing bodily damage or a death) traffic violations that you can commit.

5. Look up courses for drivers and DUI violators at your local technical college, social service unit or junior college. Most courts have agreements with these organizations to provide these courses as requirements for deferred or alternative judgements. If you're already signed up for one when you go to court, you demonstrate your willingness to change your behavior.

Tips & Warnings

• DUIs often result in suspension or revocation of a driver's license. At the end of a period of suspension, you will be eligible to reinstate your license (there is usually a fee involved) but if your license is revoked, you'll have to go through the whole process (including the probationary period) of getting a new driver's license.
• Be prepared for a hefty fine. Don't be afraid to ask the court if you can have time to pay or pay over time. Most courts would prefer that you be able to pay your fine and buy shoes for the baby. It's much preferable to having to throw you in jail at the taxpayers' expense.
• Sometimes first DUIs are a dumb mistake and sometimes they are a wake-up call. No matter which yours is, you need to examine your attitude toward drinking and driving and change your behavior because you've put yourself and your community in serious danger by turning that key.
• If this is your second (or more) DUI, you need an attorney now, not a self-help article.

Resources

• DUI information
• Legal info on DUIs
• DUI resources