Consequences of Driving Under Influence

Date Added: July 10, 2008 01:13:58 AM

The administrative side falls under administrative or civil law and relates to your driving record and driver’s license while the criminal aspect is governed by criminal law and involves fines, fees, penalties, sentencing and probation.

Administrative

Administrative license suspension allows for an offending driver’s license to be taken away before conviction on the basis that a driver has failed or refuses to take a field sobriety test. Some states permit suspension of your license on the spot when you are arrested for DUI, even if you take a blood alcohol test.

Sometimes you may be required to schedule an administrative hearing within a short period of time after the arrest (usually within 5 to 10 days). However, the hearing is independent of your appearance in a federal court, meaning you could have two governmental entities both aiming to suspend or revoke your license independently and simultaneously.

The focus of the administrative licensing hearing is to address the circumstances surrounding your arrest rather than determining whether you are guilty of a criminal act. As such the following aspects of your arrest are looked into:

Were there reasonable grounds for your arrest?
Did the arresting officer request that you take a test?
Did the officer make you aware of the consequences if you refused or failed the test?
Did you refuse or fail the blood alcohol test?
Should your license therefore be suspended or revoked?

Criminal

A driving under the influence arrest is usually followed by arraignment in a federal court, trial or negotiated disposition, and sentencing.

When no injury is involved, a DUI conviction is usually classified as a misdemeanor. But in cases where serious injury or death occurs, the charge is enhanced to a felony.

A misdemeanor can carry a sentence to a county jail for up to a year while felony can see you locked up in state prison for much more than a year.

Sentencing will usually entail the following:

Classifying your conviction
Determining fines and taxes you must pay
Deciding how long your license will be suspended or revoked and looking at the possibility for obtaining a temporary license
Whether parole or probation is warranted
Whether community service should be a part of the sentence
What, if any, rehabilitation programs or classes must be completed
Whether an ignition interlock device should be installed

Penalties can be severe for first time offenders to deter them from reoffending but tend to be even greater for second and third time convictions.

If convicted of driving under the influence, you will be saddled with a criminal record which may remain forever unless your state allows it to be taken off (expunged). And as such this will be accessible to employers, credit bureaus, and government agencies and can therefore affect your life one way or the other. Furthermore, the record can be used against you to increase your sentence should you be convicted for any offenses in the future.

Read more about DUI in our article entitled Driving under the Influence.

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