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Labor Day Weekend DUI Crackdown

Earlier this week, Robin told us about the upcoming Labor Day Weekend DUI crackdowns. She painted a likely scenario of having martini’s and partying like a rock star, then foolishly driving home. But what does it really take to get a DUI?

You probably how you think most people get a DUI after a night of partying hard, but think again. Let’s just say you go to dinner have two glasses of wine. Pay the valet and head home. What’s with the traffic up ahead? DUI Checkpoint, but you’re fine, you just had a couple of glasses of wine… you unroll the window, the officer quickly shines a flashlight near you, your eyes give you away because they dilate involuntarily – especially if you’ve had a couple of drinks. “Step out of the vehicle,” says the officer. You’re still thinking no problem here… Think again, DUI is about being under the influence and you are! Sorry, but this is going to cost you.

You will be arrested and jailed if you’ve been drinking, you’re stopped and your blood alcohol level is found to be .08% or even under! 

According to commonly utilized alcohol impairment charts, many women would be over the limit with just one drink. Men may be legally under the limit with even four drinks, but .08 Blood Alcohol Content (BAC) is just a guideline. Driving under the influence is a per se law. This  means that the officer’s observations will be the first and foremost decide if you will be arrested. Handcuffs anyone?

When you are arrested for DUI (DWIin some states), you will generally be charged with two crimes: 1) Driving Under the Influence and 2) Driving with a blood alcohol over the legal limit – the higher your BAC, the more seriously the crime will be prosecuted.

As a bail bondsman, my experience with DUI is “after the fact”. Calls we get are often from jail, but sometimes are from friends or family looking to get a loved one out of jail. Generally, DUI arrestees will simply be held until they have “sobered up” and will not need bail. In California, this is six to nine hours. (Note that few jurisdictions do hold DUI suspects for bail or arraignment. For example, you will need bail in Burbank if you get arrested for DUI.)

There are other mitigating circumstances. If there was an accident, the BAC was particularly high or there have been DUIs, the suspect will generally not be released without bail.

Hopefully, you’ve just read information that will prompt you to plan ahead and not take chances. Drinking and driving is serious, not just because you could be inconvenienced by an arrest, but because it’s dangerous. Please think and act accordingly, not just over the holiday weekends, but always.

Photocredit: © Rob Byron- Fotolia.com