Driving under the influence, commonly known as “DUI”, is a criminal offense that involves driving, operating, or being in control of a vehicle while under the influence of drugs or alcohol when the level of intoxication prevents the driver from operating the vehicle safely.

DUI offenses are one of the most common reasons for arrest in America. FBI statistics show that the second-highest number of arrests in the country were for DUI offenses, led only by arrests for drug abuse violations. Given the high incidence of DUI arrests, you need to be informed about DUIs and your rights if you are pulled over or arrested.

Frequently Asked Questions:

Do I have to submit to field sobriety tests?

If a police officer pulls you over and suspects that you are under the influence of drugs or alcohol, he or she may request that you participate in a number of field sobriety tests, which are designed to test your memory, coordination, balance, and reflexes. In other words, they are testing you for signs that you may be impaired. While a police officer might request that you submit to a variety of tests, there are three field sobriety tests that are officially endorsed by the National Highway Traffic and Safety Administration (NHTSA).

1. Horizontal gaze nystagmus (HGN)

The HGN test requires you to follow an object — such as a pen or pencil — with your eyes so the officer can look for certain eye movements that are characteristic signs of intoxication.

2. Walk-and-turn (WAT)

During the WAT test, the police officer will instruct you to walk heel-to-toe for nine steps, turn around, and return to the starting point. This test is designed to measure your ability to follow instructions, keep your balance, and walk in a straight line. 

3. One-leg stand (OLS)

The OLS test entails standing on one leg for 30 seconds, which is meant to measure your balance and coordination.

Generally, you may legally refuse to take to field sobriety tests, even if a police officer asks you multiple times to submit. However, you may still be arrested for DUI if there is enough other evidence for the police officer to conclude you are intoxicated.

What is BAC?

Blood alcohol concentration or “BAC” is the amount of alcohol you have in a certain volume of your blood. When you drink alcoholic beverages, alcohol is absorbed directly through the walls of your stomach and small intestine, and enters your bloodstream, traveling through your body and to your brain.

Your BAC increases based on the number of drinks you have consumed and is also affected by a number of factors such as:

• How fast you drink
• Your gender
• Your weight
• The amount of food in your stomach.

In every state, a BAC of 0.08% — which is the equivalent of about 4 drinks — will land you with a DUI charge. Typical effects of a 0.08% BAC include poor muscle coordination, reduced capacity for detecting danger, and impaired judgment, self-control, reasoning, and memory.

Can I be arrested even if my BAC is below 0.08%?

You can be charged with a DUI offense even if your BAC is below 0.08%. While a BAC at 0.08% or above automatically makes you legally intoxicated, you can still be charged with a DUI if you are noticeably impaired or intoxicated. At a trial, a police officer can testify to the signs of impairment, including your performance on field sobriety tests, any slurring of speech, and the accident or traffic violation for which you were pulled over. If this evidence is sufficient to prove that you were intoxicated to a level where you could not safely operate your vehicle, you can be convicted of DUI even with a BAC below 0.08%.

Additionally, you can also be arrested for DUI for driving under the influence of drugs. This includes illegal drugs, prescription pills, and combinations of drugs and alcohol. In any of these situations, you can face DUI charges even if your BAC is below the legal limit.

Do I have to submit to a breathalyzer?

During a traffic stop —usually after you have performed or refused to perform field sobriety tests — a police officer who suspects you of DUI may request that you blow into a portable breath device, or preliminary alcohol screening device (PAS). You are not legally required to submit to a PAS test at the site of the incident. However, you may still be arrested for DUI, and taken to a police station for a legally-required evidentiary breath sample.

You may still refuse to submit an evidentiary breath sample after arrest, but to do so is considered an illegal refusal. In many states, this refusal will result in the automatic suspension of your driver’s license. Additionally, your refusal can be used as evidence of your intoxication in your DUI case.

Will my DUI case go to trial?

The majority of DUI cases don’t go to trial. However, as with all criminal charges, you are innocent until proven guilty, and you have a right to go to trial if you choose to. You should consult with your lawyer about the best option given the particular facts of your case.

Will I lose my license?

Most DUI offenders, including first-time offenders, will have their license suspended for a period of time. The period of suspension usually increases based on the number of prior offenses and the severity of the offense.

If you refuse to submit to a breathalyzer test, you will often automatically have your license suspended upon refusal — regardless of whether you are ultimately convicted of a DUI.

Depending on the facts of your case, you may be able to obtain driving privileges to complete essential tasks such as going to work, attending medical appointments, and grocery shopping, even while your driver’s license is suspended.

Will I go to jail?

In most states, you will not spend much, if any, time in jail for an ordinary, first-offense DUI. In most states, a first-time DUI is punishable by up to six months or a year of imprisonment. However, these maximums are rarely imposed on ordinary first-time DUI offenders. Some states have very short maximum sentences, and a few don’t allow for jail time at all for first-time offenders. Although many states do require minimum jail sentences of at least several days on a first offense, most allow these sentences to be served at an alcohol counseling program instead of behind bars.

If you’ve had a previous DUI, both the likelihood of jail time and the duration of your sentence will likely increase. Other aggravating circumstances — such as having a particularly high BAC, whether an accident was involved, and whether someone was injured or killed — can also increase the amount of time you could spend in jail.