How Long Is An Arrest For Drunk Driving Possible?

How Long Is An Arrest For Drunk Driving Possible? 

Drunk driving is one of the most dangerous and expensive crimes a person can commit. It can lead to jail time, driver’s license suspension, and fines. Fortunately, strict enforcement of drunk-driving laws has helped reduce the number of alcohol-related traffic deaths nationwide. 

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Detecting a DUI is not an easy task for police or medical professionals. They must make two judgments when determining whether someone is impaired by alcohol or other drugs: first, that the driver is in violation of the law; and second, that he is impaired to an extent that is enough to impair his ability to drive. 

These judgments are subject to a lot of error. For example, those who do not have specialized training in estimating impairment are notoriously bad at doing this. Additionally, some police officers are inclined to arrest only those they believe have high blood alcohol concentrations; this systematically omits many drivers who may be impaired. 

When a driver is arrested for drunk driving, they are typically put in handcuffs and taken to the police station where they undergo several tests. These can include a breath test, a preliminary alcohol screening (PAS), and a blood test. 

If the officer finds that a driver has a BAC of 0.08% or higher, they will be arrested and charged with a DWI. A first conviction of DWI is a misdemeanor and is punishable by fines of $500 to $1,000 and up to a year in prison. If a driver is found to have a BAC of 0.08% or above for a second or third time, they will be charged with a felony and will face a monetary penalty of $1,000 to $5,000 and up to seven years in prison. 

The consequences of a DWI charge can be devastating to the driver and their family. For example, if the driver is found to be under 21 and is found to have a BAC of over 0.02%, they will lose their license and be required to take an alcohol education class. 

In addition, the driver will be required to complete a minimum of community service and pay a fine. In some states, the driver will also be required to install an ignition interlock device in their vehicle for a period of time. 

How long can an arrest for drunk driving last?

A DUI charge can last for several hours, and the case will be processed through both criminal court and administrative hearings. This can be frustrating, especially when you need to get home and avoid jail time. 

Depending on the circumstances, you may be issued a temporary license that will expire in 15 days. In this period, you must work to resolve the case and have your license reinstated. 

You can also request a hearing before the DMV within this period, but there are some strict requirements for doing so that you will want to be sure to meet. 

If you are a first offender, you can request a Mandatory Driver’s Disposition Program (MDDP) in which the court will require you to submit to alcohol and drug treatment, and may order that your license be suspended for up to three months. However, if you are a non-first offender and are not able to secure an MDDP, your license will be automatically suspended for up to six months. 

How Long Is An Arrest For Drunk Driving Possible? | Montag Law