Driving under the influence (DUI) or driving while intoxicated (DWI) are criminal charges that can damage your life. Possible punishments include jail time, heavy fines, community service, etc.
Punishments are more severe for repeat offenders. Seeking treatment for drug and alcohol abuse may help to reduce your charges. However, it depends on a variety of factors.
What Is A DUI/DWI?
DUI means driving under the influence, and DWI means driving while intoxicated. Both DUI and DWI refer to the illegal act of driving a vehicle while impaired by alcohol or drugs.
Some states classify these as separate crimes, and some only use one charge. It is difficult to determine how a specific drug will affect driving because drugs and alcohol tend to be mixed.
However, even small amounts of a drug or alcohol can affect driving. Due to this, some states have a zero-tolerance policy.
Zero-tolerance laws for impaired driving mean that someone may face charges if there is any amount of drug in their system.
Zero tolerance law sets a maximum blood alcohol concentration (BAC) of less than .02 for any driver under the age of 21.
Legal Consequences Of A DUI/DWI
There are a variety of legal consequences of a DUI or DWI, which may vary per individual depending on the severity of the charge, the level of impairment, and other factors.
Fines
The fines charged for a DUI/DWI vary by state, how many offenses the individual has been charged with, the age of the offender, and other factors.
Many states have set minimums and maximums for fines, and an individual may be fined anywhere within those limits.
Generally, as the number of offenses goes up within a specified period of time, so does the severity of the fines charged.
Mandatory Treatment
In some cases, the judge may order the individual to attend a substance abuse treatment program.
Court-ordered treatment for DUI offenders can vary based on the severity of the offense, the individual’s personal history, and other factors.
A court-ordered rehabilitation program may vary in intensity, frequency, and duration.
These programs may range from one to two-session treatment to more intensive programs that take place over weeks or months.
A court-ordered rehab program may also include intensive inpatient treatment with long-term aftercare.
License Suspension
Another consequence of a DUI conviction is driver’s license suspension. The time your driver’s license may be suspended varies by state, whether it is a first-time charge or other factors.
The state court often determines the length of suspension, which can range from 60 days to five years or indefinitely.
For those with several DUI convictions, attending alcohol treatment and maintaining a certain time frame of sobriety after treatment may be required to get their driving privileges back.
Imprisonment
The jail time associated with a DUI charge varies by state, the level of the DUI offense, and other factors. A DUI may be charged as a misdemeanor or felony, which also impacts jail time.
A jail sentence may be days, months, or years. Many states have minimum and maximum limits for imprisonment based on the offense severity and number of offenses.
Imprisonment may also be a combined punishment with fines or driver’s license suspension.
Reduced Rights
After a drunk driving charge, an individual’s driving privileges may be suspended for a period of time, or the individual may have an interlock device placed on their vehicle.
An interlock device is a breathalyzer installed on a vehicle to prevent the driver from operating it if they have been drinking.
After someone has been convicted of a DUI, they may also face a lowered BAC limit for any additional offenses, depending on the state.
How Voluntary Substance Abuse Treatment Can Help
Voluntary substance abuse treatment may be able to help you reduce your charges for a DUI or DWI. However, it is up to the judge’s discretion.
Voluntary treatment can show a judge that you are trying to initiate change, that you are taking your charge seriously, and that you don’t intend to re-offend.
Most judges view voluntary substance abuse treatment as a significant mitigating factor in a DUI case and view it very favorably, especially for first-time offenders.
DUI/DWI Treatment Options
There are a variety of treatment options available for drug or alcohol addiction that led to a DUI arrest. These may involve residential treatment, detox, medication, and therapy.
12-Step Programs
12-step programs are community programs that serve as a form of continuing care after treatment.
Groups such as Alcoholics Anonymous (AA), Narcotics Anonymous (NA), and others provide the individual with a source of support and the ability to meet individuals going through similar circumstances.
These groups are available at no cost and are highly accessible as a form of substance abuse recovery.
Inpatient Treatment
There are a variety of inpatient treatment options available.
Inpatient treatment may involve 24/7 observation at a rehab center or may include residential treatment where an individual lives at a treatment center for the duration of treatment.
These treatment options may also treat any underlying mental health issues that may contribute to an individual’s substance abuse.
Outpatient Treatment
Outpatient treatment and intensive outpatient programs (IOPs) are services for those who need alcohol or drug treatment but don’t require medical detox or 24/7 supervision.
Outpatient treatment is an alternative to inpatient and residential treatment options that are designed to provide support, management for relapse and teach coping strategies to prevent future drug or alcohol use.
SMART Recovery
SMART Recovery is a support group that adopts a person-centered approach by teaching an individual to cope with cravings, develop problem-solving skills, and live a balanced lifestyle.
SMART recovery focuses on developing and monitoring a plan for a week ahead with respect to goals toward recovery.
In contrast with a 12-step program, which is peer-led, SMART recovery can be facilitated by peers, healthcare providers, or individuals who have completed SMART recovery training.
Medication-Assisted Treatment (MAT)
Medication Assisted Treatment (MAT) involves the use of medications combined with behavioral therapy or counseling to treat substance use disorders.
MAT is a whole-patient approach to treatment.
MAT has been proven to:
- decrease deaths related to overdose
- decrease substance use
- increase treatment retention
- decrease substance-related criminal activity
- decrease the transmission of diseases such as HIV and Hepatitis C
MAT is often used effectively to treat opioid addiction.
Counseling
Substance use counseling provides mental, emotional, and behavioral health services to those recovering from addiction. Counseling is a supportive and judgment-free environment.
Counseling may be done individually, in groups, or with family members.
Counseling can help the individual develop a relapse prevention plan, encourage recovery, refer the individual to aftercare resources, and provide the individual with coping skills to prevent relapse.
Ask About Drug Or Alcohol Abuse Treatment In Massachusetts
If you or a loved one are seeking drug or alcohol abuse treatment in Massachusetts, we can help.
Contact Bedrock Recovery Center to learn more about how we can aid you in your recovery.
- Illinois Department of Public Health https://dph.illinois.gov/topics-services/opioids/treatment/mat-faq.html/
- National Highway Traffic Saftey Administration https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/ignitioninterlocks_811883_112619.pdf/
- National Library Of Medicine: Bookshelf https://www.ncbi.nlm.nih.gov/books/NBK64815/
- National Library Of Medicine: PubMed https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6470906/
- National Library Of Medicine: PubMed https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3753023/
- National Library Of Medicine: PubMed https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4152944/
- National Library Of Medicine: PubMed https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6761696/
- National Library Of Medicine: PubMed https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10481580/
- Ohio Bureau Of Motor Vehicles (BMV) https://www.bmv.ohio.gov/susp-ad-first-offense.aspx#:~:text=The%20suspension%20will%20stand%20until,Bureau%20of%20Motor%20Vehicles%20(BMV)/
- Ohio Legislative Service Commission https://codes.ohio.gov/ohio-revised-code/section-4511.19#:~:text=The%20court%20may%20impose%20a,shall%20not%20exceed%20six%20months./
- Superior Court Of San Diego https://www.sdcourt.ca.gov/sites/default/files/sdcourt/generalinformation/forms/criminalforms/crm133.pdf/
- United States Department of Health and Human Services (HHS) https://aspe.hhs.gov/sites/default/files/2021-08/StateBHCond-Ohio.pdf/
- United States Department Of Justice (DOJ) https://www.ojp.gov/pdffiles1/nij/grants/204024.pdf/
- United States Department Of Transportation (DOT) https://www.nhtsa.gov/book/countermeasures/underage-drinking-and-driving/62-zero-tolerance-law-enforcement/