Understanding a DUI Offense and Information Contained in These Records

In almost every state in the United States, the legal limit for blood alcohol concentration must be .08 or less as measured by a blood test or by a breathalyzer. A higher BAC will probably lead to immediate arrest for DUI. Under certain circumstances, a lower BAC may lead to a DUI charge if the officer believes you were driving recklessly or operating your motor vehicle carelessly. Drivers under the legal drinking age are not allowed to have any alcohol in their systems.

If you are pulled over and the officer suspects you are under the influence of drugs, you may be remanded to jail until toxicology tests can be performed and charged with DUI. Drugs which may impair driving could be illegal drugs; over the counter medications including antihistamines, cold medicines, and sleeping pills; and prescription medications including painkillers and some types of antidepressants. Being under the influence of any of these drugs may lead to DUI charges that must be defended in the court of law.

Information Contained in DUI Records

DUI records are usually misdemeanor records unless the DUI was particularly severe and reclassified as a felony DUI. DUI records will detail the date of the crime, the BAC measured which led to the arrest, the results of blood or urine toxicology tests, how long the person was in jail and where, and how long the driving license was suspended after the DUI and when it was reinstated.

First time DUI offenders may be able to get their records expunged (have the DUI conviction removed from the permanent record). This can only happen if the person has no other crimes on record.  If the DUI is expunged, it will not show up during a DUI records search. A DUI expungement can only be obtained through the court of original conviction, and a judge must sign off on it before the record will be cleared.

A look at DUI records will also reveal if the person has committed more than one DUI crime. Some offenders repeat their actions, and a DUI record will contain details of each offense.

Who May Access DUI Records

DUI records are public, but they cannot be accessed by just anyone. You may request your own criminal DUI records in writing or in person at the courthouse where the records are kept. If employers need to see a copy of your criminal DUI records, they will probably have to obtain your written permission to do so. This is usually in the small print near where you sign a job application; read the application carefully to know if you are giving consent for a DUI records search.

Obviously, law enforcement officials may access your public DUI records at any time.

Implied Consent Laws and DUI Charges

In most states, if you are in operation of a motor vehicle you automatically by law give a police officer the right to ask you to take a blood test or breathalyzer if he or she suspects you have been drinking. The implied consent DUI laws do not mean that you must take a blood test or a breathalyzer; however, if you refuse, you may face an Implied Consent violation and your driver’s license could be suspended.
 
Implied consent DUI laws border on being unconstitutional but arguments that refusal to take a blood or breath test is protected by the Fourth Amendment have been repeatedly rejected. Some states require that the officer tell you of the consequences should you refuse to take the test; others have no such requirements.

It is best to keep in mind that the penalties for refusing to take the test are usually more severe than penalties for failing the test, so it is not to your advantage to refuse a breathalyzer if you get pulled over for DUI.

First Offense DUI

If you are pulled over and your blood alcohol concentration exceeds your state’s limits or you are driving under the influence of drugs, even the first offense can carry extremely stiff penalties. First offense DUI is usually considered a gross misdemeanor unless property damage has occurred, and you could face up to a year in jail and up to $2,000 in fines. These penalties are only the beginning, however.

If you must post bail to be released from jail, you will be spending a significant amount of money. If you hire a lawyer to defend you, your costs will rise each time you appear in court. You will probably be subject to towing costs, impound fees, and miscellaneous court fees. 

You will probably be required to attend mandatory alcohol or drug treatment programs for a certain length of time, and will need to pay for those. Your license will be suspended and you will often be required to take a special driving test and pay a large fee to have it reinstated—after a certain period of revocation is up, which can be up to a year. 

Some courts will require an ignition interlock device to be placed on your vehicle, which disables the ignition until you breathe into a breathalyzer in your car. In addition, if you do not serve your entire jail sentence, you may be placed under house arrest and need to wear an electronic monitor. Your movements will be restricted under house arrest, though you may be allowed to work and to attend AA or other treatment meetings. Finally, your probation period will last for several years, during which you must remain law abiding.

Once your driving license is reinstated, your car insurance costs will skyrocket and you may be placed in high risk insurance groups. Some jobs will be out of your reach if you have a DUI conviction on your record.

Second Offense DUI

All the penalties listed above apply to a second offense DUI except they are usually much stiffer. Most states allow your vehicle to be permanently seized for a second offense DUI. Your driver’s license could be suspended for up to one year, though you may be able to obtain restricted driving privileges under certain circumstances.

Third Offense DUI and More

A third DUI offense results in jail time, fines of up to $10,000, suspended driving privileges for up to five years with no possibility of restricted driving, and permanent vehicle seizure. A fourth DUI offense may be subject to $15,000 in fines and permanent suspension of your driver’s license.