First DUI Convictions Will Show Up On Your Record

The fact of the matter is that an offender’s first DUI/DWI conviction, even a misdemeanor DUI/DWI, not only shows up on their record, but it is also the reason many people lose out on job opportunities, or become ineligible for scholarships and other types of financial aid. The best chance of ensuring this does not happen to you is getting your charges dismissed or reduced.

​

Police may have honorable intentions in trying to keep drunk drivers off the road, but for first-time DUI/DWI offenders, they can sometimes be too harsh or even use scare tactics to get drivers to submit to breathalyzer testing or participate in field sobriety tests. This has led to many innocent drivers being stuck with DUI/DWI arrests on their record. This is why you need sound legal representation by your side that will give you the best chance of walking away clean.

​

Penalties for First DUI/DWI Offenses

If you get picked up for a first DUI/DWI, it’s not unfair to assume that you will receive probation if you are convicted. While this does happen with most first-time DUI/DWI offenders, the court may assign other penalties as conditions of that probation, some of which include the following:

​

• Possible time in jail, depending on the laws of your state

• A driver’s license suspension

• Fees and fines

• Raised car insurance rates

• Community service

• Mandatory attendance in a drug/alcohol treatment program or DUI school

• Possible use of an ignition interlock device (IID) in your vehicle

 

Even misdemeanor DUI/DWI offenses in most states will require that you serve a mandatory minimum jail sentence, even if it’s only for a few days. While states may differ on jail sentences, they virtually all will suspend your driver’s license for a specific amount of time. Also, depending on your criminal and driving histories, it’s possible you might qualify for a hardship driver’s license or an occupational license, so you can drive yourself to school or work.

​

Aggravating Factors for First DUI/DWI's

In general, a first DUI/DWI charge is considered a misdemeanor, leading to community service, fines, a license suspension, and probation in many cases. However, there are other factors that can affect the nature or level of your charge, leading to greater penalties and sentences. Several possible aggravating factors include the following:

​

• Having a blood alcohol concentration (BAC) higher than 0.15 percent

• Being involved in an accident

• Causing property damage

• Causing bodily injury

• Refusing a chemical test to determine BAC

• Having one or more children under 14 years of age in the vehicle

• Having a past DUI conviction within the previous 10 years

• Being on probation

• Being under 21 years of age

• Driving on a revoked or suspended license

• Excessive speeding

• Reckless driving

 

As another example, if a driver has an open container of alcohol in their vehicle, they might still be charged with only a misdemeanor DUI/DWI, but the subsequent fine or jail sentence may be increased. If there were children in the vehicle at the time of the arrest, however, a driver could see their charge elevated from a misdemeanor to a felony, even if the driver had no prior DUI/DWI convictions.

​

The administrative element of DUI charges is also something first-time offenders need to consider, often seen through the loss of driving privileges due to a license suspension. For instance, most U.S. states will suspend a driver’s license automatically up to a year if they refuse to submit to a breathalyzer test, and this suspension is separate from the one you would receive later for a DUI conviction.

 

Conditions for a Driver’s License Suspension

To get your driver’s license back quickly after losing it to a DUI/DWI conviction, it’s likely you will need to deal with a criminal law judge and an administrative law judge. If you are caught driving out on the road while you have a driver’s license suspension, you will only find yourself facing new fines and charges, and possible jail time.

​

Additionally, some states may also require that drivers install and then pay for an IID while their case is pending or after their initial license suspension. After a state-designated IID installer has installed it in your vehicle, the IID will run as high as $200 a month to maintain. Failing to fulfill this condition could result in your bond getting revoked, thus sending you back to jail.

​

How First DUI Changes Car Insurance and Employment

When a first-time DUI/DWI arrest, charge, or conviction goes on your record, the level of risk you present for potential employers and insurance companies increases significantly. Because a DUI/DWI becomes part of your criminal history, employers can learn about it due to any runs on criminal backgrounds that they make. Some employers will choose not to employ you, because they see you as a liability and a safety risk or because there is a chance of their insurance rates potentially increasing.

​

Because of the elevated risk you present as a DUI/DWI offender, you should also get ready for your car insurance rates to increase in the aftermath of your conviction. The logic behind this is that because you have proven yourself to be a dangerous driver, the insurance company must do what it can to protect itself against the liability you present as a past DUI/DWI offender and as a potential future DUI/DWI offender.

​

If you ended up in an accident because of a DUI/DWI, and the offense was raised to a felony charge, the insurance company might not cover the costs of the accident. Most insurance policies do not cover damages that occurred during the commission of a felony, such as with felony DUI/DWI offenses.

​

If you want the best chance of getting your first DUI/DWI charge dismissed or reduced to a lesser charge, such as wet reckless or reckless driving, don’t rely on the public defender—you need a solid, experienced DUI/DWI attorney on the case to get you out of the courtroom and back into your normal life. LawBot can connect you to a local highly rated DUI/DWI attorney that has experience and a successful track record in DUI/DWI cases.

​

​

Importance of the DUI/DWI Arrest in Court.

Your DUI/DWI arrest will most likely become the targeted piece of evidence in court. Despite many other variables that can sway outcomes; the manner of which your arrest process began can be the most reliable source of evidence to dismiss all charges. Even with a failed sobriety test, failed breath test, and a failed blood test, your chances to completely dismiss all charges may lye solely on the DUI/DWI arrest you endured through.

​​

​

What is Considered Reasonable Suspicion?

Law enforcement officers can generally stop drivers for Driving Under the Influence (DUI/DWI) or another traffic violation when they have “reasonable suspicion” that the driver is involved in criminal activity – DUI/DWI checkpoints are still a debatable exception to this rule in some states. When a law enforcement officer has “reasonable suspicion” that a driver has been involved in illegal activity or an offense has taken place, he or she can stop the driver and temporarily detain him or her for an investigation. Should the officer suspect the driver of being under the influence after the investigation, the officer can investigate further.

​

During a DUI/DWI investigation, an officer can choose to employ a breathalyzer test or field sobriety test to determine whether the driver is impaired. This means that when a driver is arrested for DUI/DWI, the law enforcement officers begin with reasonable suspicion that a crime has taken place even if it had not. Even if drivers are intoxicated when they are arrested, their case can be thrown out if the officers lacked reasonable suspicion to pull them over in the first place.

​

What Can be Considered Reasonable Suspicion?

Reasonable suspicion that a driver is under the influence can be established by any of the following observations:

​

• Making an illegal turn

• Riding the center line of the road

• Drifting between lanes

• Erratic or extremely fast/slow driving

• Coming close to hitting other vehicles or objects along the road

• Braking frequently

• Stopping the vehicle in the middle of the road for no good reason

 

This is not the full list of observations that be used for reasonable suspicion – anything a law enforcement officer believes to be a sign of the driver being impaired can be considered reasonable suspicion. Additionally, law enforcement officers can begin a DUI/DWI investigation if they see signs of the driver being impaired even if they initially pulled the driver over for an unrelated violation, such as the driver having a headlight or taillight that was not working.

​

Probable Cause vs. Reasonable Suspicion

Reasonable suspicion allows a law enforcement officer to stop and temporarily detain a driver as a means to investigate further whereas the officer needs “probable cause” to further his or her investigation and potentially make an arrest. Probable cause means that the law enforcement officer has evidence to support the driver having likely committed a crime, which justifies the driver being arrested. For DUI/DWI traffic stops, probable cause would include breathalyzer test results that showed a high BAC level.

​

​

HUGE MISTAKE! Using a Public Defender for a DUI/DWI

Unfortunately, public defenders often get a bad rap in the legal world. The reality, however, is that many private sector attorneys actually started out as public defenders. If you have been arrested for a DUI/DWI and cannot afford your own attorney, you will more than likely have a public defender representing you in court.

​

Contrary to popular opinion, quite a few attorneys actually choose to remain public defenders. However, there are also significant amounts of public defenders that are new, young attorneys trying to gain experience. The latter concerns us when someone is facing charges on a DUI/DWI arrest.

​

Considerations when Using a Public Defender

• Experience – is your attorney a new, young attorney or does he or she have experience defending these types of cases?

• Caseload – many public defenders have very heavy caseloads. Even if the public defender is a very good attorney, not having the time to focus on your case can hurt your defense.

• Resources – private attorneys specializing in DUI/DWI law often have a full support team behind them when defending a case. Public defenders, on the other hand, have very limited resources.

 

If finances are your main concern preventing you from hiring a private DUI/DWI attorney, MOST local attorneys will work out payment arrangements and offer you a free initial consultation. LawBot can point you in the right direction to help with all concerns and questions.