The Magnitude of Multiple DUI Arrests
Copyright © 2008 StraightDUI.com
Each and every day, there are countless numbers of people arrested on DUI charges, and the consequences are severe. Beginning with license suspension to mandatory alcohol counseling to jail time or probation, the consequences that can occur are harsh. Yet, even though the penalties are so high, the number of multiple DUI arrests are staggering.
Studies Surrounding Multiple DUI Arrests
A study has found that drivers with repeat convictions for driving under the influence or driving while intoxicated may have additional problems and concerns. The Pacific Institute For Research and Evaluation discovered that nearly 60 percent of people with two or more DUI arrests were also prone to bipolar disorder, major depression, obsessive-compulsive disorder or post-traumatic stress disorder. This study involved those who had incurred at least two DUI offenses within a ten-year period. 40% of the participants had three or more drunk driving arrests. Because of the high figures, each year, new laws are passed in different states making the penalties and consequences even harsher and higher.
Consequences Associated with Multiple DUI Arrests
Motorists that have been arrested for three DUI offenses within a ten-year time frame also face serious penalties from the DMV including suspension of a driver’s license. For this to happen, a DMV hearing officer must find three facts to be true before proceeding: Police had a reasonable belief that the driver committed a crime, the arrest was lawful, and the driver had a blood alcohol content (BAC) of .08 percent or greater while driving the vehicle. If a person does not win their case on the second DUI arrest, they could have revocation of their driving privileges, which sometimes means not being able to support themselves and their family because they cannot drive. And if caught driving under the influence a third time, in some states the offender will face a mandatory jail sentence.
DMV and DUI Consequences
The DMV will make every attempt to suspend the driver’s license of multiple DUI offenders. The consequences placed on drivers with multiple DUI arrests will depend on whether the driver refused to take a chemical test. A person who has been arrested three times for DUI within ten years who submits to a chemical test faces a two-year license suspension plus they must file formal proof of insurance with the DMV for the next three years following the incident. The motorist must also enroll in alcohol education classes. In some cases, the motorist may be entitled to a restricted license after 18 months, which allows the motorist to travel to work, and to alcohol education classes. Third offender DUI drivers who will not take a chemical test face even more severe consequences. They face license suspension for one year for a first refusal, two years for a second refusal and three years for a third refusal.
The Importance of a Savvy DUI Attorney
Because the consequences are so high in DUI cases, particularly in multiple DUI cases, it is very important to have a savvy DUI attorney that can aggressively defend your rights and carefully review the initial traffic stop as well as the various things that occurred during the initial stop. A good DUI attorney will aggressively challenge how field sobriety, chemical tests and Breathalyzer tests were administered. It is for these reasons that having a strong advocate on your side is critically important. Not only can a good DUI attorney help you through the process, but he or she can also help keep the consequences down.