6 Facts About DUI Laws You Need to Know Before Getting Behind the Wheel

6 Facts About DUI Laws You Need to Know Before Getting Behind the Wheel
Driving under the influence is not just a legal issue; it’s a matter of safety and responsibility that affects everyone on the road. Ignorance isn’t an excuse when it comes to the repercussions of a DUI charge, which can impact your finances, freedom, and future. This article goes over some surprising facts about DUI laws that every driver should know to keep everyone safe on the road.

Article Summary:

  1. Fact #1: What constitutes a DUI?
  2. Fact #2: DUI penalties vary by state
  3. Fact #3: You can still be charged with a DUI even if you’re not above the legal limit
  4. Fact #4: Refusing a breathalyzer test can also result in consequences
  5. Fact #5: You can still be charged with a DUI even if you’re not driving
  6. Fact #6: A DUI can stay on your record for years
  7. The Role of a DUI/OWI Attorney

1. Fact #1: What constitutes a DUI?

The first fact is straightforward. Many people think that a DUI only applies to driving under the influence of alcohol. However, depending on your state’s laws, it can also include driving under the influence of drugs or any other substance that impairs your ability to operate a vehicle safely. This includes prescription medications and even over-the-counter drugs.

2. Fact #2: DUI penalties vary by state

When it comes to DUI penalties, the landscape can vary dramatically from one state to another. Some states impose hefty fines, while others might prioritize jail time as a deterrent. For instance, a DUI conviction in one state might result in a minimal fine and a short license suspension, whereas another state could enforce significant fines, extended jail sentences, and mandatory participation in alcohol education programs.

3. Fact #3: You can still be charged with a DUI even if you’re not above the legal limit

It’s a common misconception that staying under the legal blood alcohol content (BAC) limit guarantees immunity from DUI charges. In reality, law enforcement has the discretion to charge individuals with a DUI if they demonstrate impaired driving, regardless of their BAC. This can occur if an officer observes erratic behavior, such as swerving or delayed reactions, which suggests impairment.

Additionally, the influence of drugs—whether prescription, over-the-counter, or illegal—can also lead to a DUI charge, as these substances may impair driving abilities even in the absence of alcohol. Therefore, it’s crucial to understand that the legal limit is just one aspect of DUI laws.

4. Fact #4: Refusing a breathalyzer test can also result in consequences

Refusing a breathalyzer test when pulled over under suspicion of DUI can have serious repercussions, often as severe as failing the test itself. Most states enforce implied consent laws, which mean that by obtaining a driver’s license, you automatically agree to submit to chemical tests if suspected of driving under the influence.

If you refuse, you may face immediate consequences, such as automatic license suspension, hefty fines, and potential legal action. This refusal might also be used against you in court as evidence of guilt.

5. Fact #5: You can still be charged with a DUI even if you’re not driving

Many people are surprised to learn that you can be charged with a DUI even if you’re not actively driving a vehicle. This often stems from the legal concept of “actual physical control,” which implies that if you are in a position to operate the vehicle, you can be deemed responsible for it.

For instance, if you are found intoxicated while sitting in the driver’s seat with the keys in the ignition, you could face DUI charges. This interpretation is intended to prevent potentially dangerous situations before they occur, recognizing that the intent to drive or the capability to do so while impaired can pose significant risks.

6. Fact #6: A DUI can stay on your record for years

A DUI conviction is not just a temporary setback; it can cast a long shadow over your life, lingering on your record for many years. For example, in Wisconsin, a DUI conviction will remain on your criminal record for life.

Employers often perform background checks, and a DUI can hinder the chances of securing certain jobs, especially those requiring a clean driving record or roles in sensitive industries. Insurance companies may view a DUI as a red flag, leading to significantly higher premiums or even denial of coverage.

6 Surprising DUI Laws You Shouldn't Ignore
Beyond the financial and professional ramifications, a DUI can tarnish one’s personal reputation, creating a stigma that may alter social relationships and community standing. It’s crucial to understand the impact a DUI can have on your life and to recognize the importance of responsible decision-making to avoid these lasting consequences.

7. The Role of a DUI/OWI Attorney

Navigating DUI laws can be complex, but having a skilled DUI attorney by your side can truly impact the outcome of your case. These legal professionals specialize in defending those charged with DUIs, offering vital support and expertise every step of the way. With a deep understanding of state-specific regulations and experience in cases like yours, a DUI attorney can provide the crucial guidance you need.

For a skilled Milwaukee DUI/OWI attorney, consider Fenton Law Office. We have a proven track record of successfully defending clients facing DUI/OWI charges in the greater Milwaukee area. Call us today for a free consultation and let us help you protect your rights and future.


By Attorney Jay Fenton, Owner of Fenton Law Office

Jay Fenton is a top-rated criminal defense attorney in Milwaukee who goes above and beyond for his clients. He has successfully secured favorable outcomes in countless cases, from negotiating plea agreements to filing pre-trial motions and managing complex appeals. Attorney Fenton also has had tremendous success achieving not-guilty verdicts at trial. His dedication and aggressiveness make him one of the best attorneys around.