A DUI first offense occurs when a person is charged with DUI (drunk driving) for the first time. DUI first offense charges are treated very strictly, unlike other charges, and can have some very serious legal consequences.
A defendant may be treated more leniently for the first offense regarding other types of crimes, especially lighter misdemeanors. The judge may offer a reduced sentence or alternative options based on the defendant’s circumstances, such as probation.
However, DUI is considered a serious violation, even for first-time offenders. Driving under the influence is sometimes called “DWI” (driving while intoxicated”).
What Are Some Consequences for a DUI First Offense?
First, a first-time DUI offense can result in serious criminal penalties. In different states and jurisdictions, these can include:
- A criminal fine, usually up to $1,000
- A sentence in county jail, usually up to 6 months
A first offense can also result in various other consequences related to driving privileges. Among them are:
- A license suspension (usually about four months) by the DMV
- Required completion of an alcohol awareness/drunk driving courses
- Required maintenance of additional SR22 insurance (a type of automobile insurance policy for high-risk or DUI drivers – often very expensive to maintain)
A DUI incident that results in harm or injury to another driver or passenger can result in civil liability for the defendant. As a result, they may be required to pay damages to the plaintiff. Repeat DUI offenses will lead to stricter consequences.
Furthermore, if other crimes are involved in connection with drunk driving, the punishment will almost always be harsher. A drunk driver may receive jail time if they cause serious injury or death to someone due to their actions.
It is also likely that the person will have to pay a larger fine if they have previously been convicted of drunk driving offenses.
An employer of a professional driver, such as a trucking company, has a right to know about a DUI conviction. In addition, the employer may terminate that person’s employment.
As discussed above, a drunk driving offense can have far-reaching consequences.
What Is Needed to Prove a DUI First Offense?
The state prosecutor is responsible for proving a first offense of driving under the influence. DUI cases require the state to prove some basic facts. The following are among them:
- The officer who conducted the DUI arrest had probable cause to do so;
- The arrest was lawful
- The defendant violated DUI laws by driving with an illegal BAC (blood alcohol content), OR the defendant refused to take a chemical or breath test
As a result, proving a DUI offense is relatively straightforward. A chemical test result and the testimony of witnesses will provide most of the evidence.
What Tests are Used to Determine Intoxication?
Police officers have probable cause to pull over someone if they suspect that they are driving drunk. Many circumstances can lead to this, including when they observe a person speeding or swerving all over the road or if they observe alcohol or drug paraphernalia (e.g., certain types of pipes) in the vehicle.
When a police officer pulls over a person, they will likely be asked to step out of the vehicle and take one of the following tests:
- Breathalyzer: This is a handheld device that measures the concentration of alcohol in a person’s system by having them blow into it. It can be administered at either the scene where the car was pulled over or at a police station.
- Blood or Urine Testing: This test is a bit more complicated as it requires a medical professional to do the testing and produce lab results. Additionally, the police will need to obtain a warrant first. Thus, this test is not normally administered at the scene.
- Field Sobriety Tests: These are commonly given at the scene and include a variety of different activities that are designed to test a person’s balance and agility, such as touching a finger to your nose, reciting the alphabet, or standing on one foot while counting.
A person failing these tests will be ticketed and arrested for drunk driving. If a person refuses to perform any of the tests that can be administered on the scene, a police officer can still arrest them if they suspect that they have been drinking.
A police officer may use evidence such as the smell of alcohol on a person’s breath or open bottles in the car (even if they are empty) as evidence to arrest them for drunk driving.
What Happens After a Drunk Driving Arrest?
A person who is arrested for drunk driving will be assigned a court date. They must decide whether they will fight the arrest, take a plea deal, or go to trial if they are charged with DWI or DUI.
Also, there might be some defenses available to use against the charges. These may include the following:
- The person being arrested was not the driver of the vehicle;
- There was no probable cause to pull them over;
- The test itself or the results were unreliable or inaccurate; or
- There was insufficient evidence to make an arrest.
DUI laws vary widely from state to state, as previously mentioned. The police may arrest an individual who is drunk even if their car is in park in some states.
If the police find a car parked on the side of the road with a drunk behind the wheel and their keys are in the ignition, but the car is not running, they may still charge the person with DUI.
Many factors determine whether the defendant can be found guilty of DUI or if the charges are dismissed based on the state’s laws. These include:
- The location of the person who is intoxicated (e.g., are they in the driver’s seat or passenger’s seat?);
- Whether the person is asleep or awake;
- The location of the car keys (e.g., in the ignition, on the floor, in the person’s pocket, etc.); and
- Where the car is parked (e.g., in a parking lot, driveway, or side of the road).
If you are facing charges for a DWI or DUI, it may be in your best interest to consult a criminal defense attorney. They can help you determine what steps to take, whether defenses are available, and what factors apply under your state’s laws.
Are There Any Alternative Sentencing Options for a DUI First Offense?
Yes. In some cases, DUI diversion may be available for first-time offenders. Alternative sentencing methods may be used as part of a diversionary program, such as mandatory counseling or weekend community service.
The programs may not be available in all circumstances and may require the assistance of an attorney. Ultimately, however, they can be very helpful in keeping the defendant’s record clean and maintaining their driving privileges.
Do I Need a Lawyer for a DUI First Offense?
A DUI case can be challenging, especially for a first-time offender. It’s best to hire an experienced DUI/DWI lawyer if you need help with DUI charges. An attorney can provide you with sound legal advice and determine whether alternative sentencing options are available to you. Contact your attorney if you have any specific questions regarding drunk driving laws in your state.
Your lawyer can also help you understand how to fulfill your sentence’s requirements if it is impossible to reduce or request the penalties related to your case. Once a certain time has passed, your lawyer may also be able to assist you in expunging those charges from your criminal record.
