by Garrett Anderson

Created on: January 19, 2009   Last Updated: April 14, 2012

Driving under the influence, or driving while intoxicated, is a crime. It has severe consequences. It almost always results in the arrest of the offender, followed by a brief interview (sometimes with or without Miranda warnings) and an alcohol or drug test. Refusing to take the test usually results in a mandatory suspension of your driver's license. Your car will be towed, an inventory done, and it will be impounded. After the testing is completed, the suspect or offender is booked into jail, fingerprinted and photographed, and a bond amount is usually fixed and assigned. Bail amounts can vary depending on the suspects place of residence, additional criminal charges, alcohol content, arrest history, or alien status. In some states, you might be eligible for an "O.R." release or released on your own recognizance or promise to appear. Bail is usually refundable and is only used to gain your appearance in court. You are usually given a few phone calls to arrange your release.

Getting charged with DUI/DWI is time consuming, embarrassing, and hard on your personal finances. In addition to bail amounts and towing charges, you must make an initial appearance in front of a judge who will usually inform you of the nature of the charges you face and the potential penalties if convicted. You are encouraged to seek legal advice. If you cannot afford a lawyer, one is usually appointed for you. You are almost always better off obtaining one that you like, perhaps one that specializes in this type of offense, rather than trying to navigate these murky waters on your own or taking your chances with an overwhelmed and overworked public defender. Those folks who think they can act as their own lawyer, usually have a fool for a client.

From your release and initial appearance, there are a myriad of hearings that can take place prior to trial. These vary from state to state, but they can be very helpful in crafting a defense depending on the circumstances of the arrest. Those hearings can involve evidence and how it was obtained and by whom, suppression hearings in the event evidence was obtained illegally, blood alcohol content isues, and other formal hearings. Many states have enhanced or stiffer penalties if your blood alcohol was very high and those thresholds also vary but are usually around a .20 blood alcohol level. If you were marginally over the limit, an attorney can work to have your charge reduced to a lesser offense. Very few of these cases actually go to trial.

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