It's a familiar scene to many people; it's later in the evening and you're on your way home driving back from a bar or simply from work when suddenly you see the glow of red and blue lights flashing in back of you and your hear the loud noise of a siren. You are probably startled as the voice of an officer booms over their loud speaker telling you to pull over to the side of the road. You find a safe place to stop and turn off your engine, panicking as your search for your license and registration. The officer approaches your car, shining a light in your eyes when they arrive at your rolled down window. For many this can be a moment of truth or a moment of injustice. The officer may see right away that you are in fact fully capable of driving and will send you on your way, or they may observe there is a need to investigate your driving ability in further detail. Whether you are arrested and eventually proven innocent or are convicted of a DUI, you will face similar proceedings until a final verdict is given.

The officer who pulled you over will run through a few tests that will assist him in determining whether or not you have been drinking, and if your BAC level is over .08%, the legal limit in every state. These sobriety tests can include a breathalyzer test that analyzes your blood alcohol level by having you breathe directly into it. Implied consent is used when giving chemical tests and refusal to do so may carry harsher penalties than failing the test. In some cases the test can be improperly given, allowing those charged to provide that evidence in defense of themselves. The arresting officer will also asses your performance, inquiring into mental and physical capabilities including reactions that would need to be up to a certain level when getting behind the wheel. These tests can include demonstrating the ability to walk on a straight line or stand on one foot; physical maneuvers that those who are significantly impaired by alcohol would have difficulty doing. If you fail to pass the tests issued you will then be placed under arrest and your vehicle may be impounded. The officer who arrested you will transport you to the local jail and send a notice to the DMV of the suspension or revocation of your license as well as your driver's license if they have seized it. You can later request a hearing with the DMV in which you can plead your case for why it is necessary that your license be reinstated or that you are granted certain driving privileges including commuting to work. Since many drivers do not have the option of being without a means of transportation, this can be a profitable avenue to seek some sort of driving ability. For those that are under the legal drinking age, the BAC legal limit is .00% in accordance with the zero tolerance standards. Drivers can also be arrested if they are below the legal limit but demonstrate a compromised ability to drive as a result of intoxication. In this case it is up to the arresting officer to make the call on whether or not they were a danger to themselves and to others.

The morning after a DUI arrest can be surreal. It may be hard to believe the events of last night did in fact occur. You will now be facing fines as well as being without a car. The price to get your car out of the impound lot can be an expensive charge, one of the many you may be handling. How the rest of the process is carried out can be dependent on a number of other factors involving the seriousness of your charge. Aggravated factors or the seriousness of your case can be the determinants of criminal penalties involving how much you are fined, how long your license is suspended, if your license is revoked, if you are given jail time and if you are sentenced to AA meetings or community service. These factors include driving with a minor while intoxicated, being a repeat offender, causing damage to property or another individual as a result, an excessively high BAC level, high speeds or driving with a suspended or revoked license. If any of these are demonstrated, the sentencing will more than likely be higher. If there are no aggravated factors involved, proceedings should not be as intensive. For those that are first time offenders you will be sentenced to a four month suspension and a one year suspension for those who have another offense within the past 10 years. In some instances an ignition interlock device will be placed within the car. The driver must breathe into the device in order for a reading of their BAC level to be achieved and if they are proven to be impaired the device will prevent the car from being started.

On average there were 1,396,888 DUI arrests per year from 2000 until 2008. Drunk driving is a serious matter that claims the lives of thousands every year. Because of the damage that it can cause, highway patrol is constantly on the lookout for drivers that seem to be out of control or not following standard safety precautions. State laws on regulations can vary but are all typically severe in the penalties they inflict, leaving serous effects that can be felt long term. While the enforcement of DUIs is strongly carried out, in some cases overeager law enforcement can also arrest those who are innocent of charges. It is important that their power is being controlled and the rights of citizens are not impeded upon by false accusations. Different states may call it a DUI, OMVI or a DWI; regardless, it is the same offense, the operation of a vehicle while impaired by alcohol or another substance. If you have been arrested for a DUI it can be a great advantage to enlist the services of an attorney who is experience in proving the innocence of clients before the court or seeking the reduction of their charges if they are arrested. Make sure you are not one of the many who face the serious repercussions of a DUI conviction by being proactive