Why Don’t Courts Focus on Serial DUI Offenders?

Serial DUI offenders are the real problem, right? Why are cops and the court system worried about someone who was fine to drive? The issue is that police are encouraged to pull over anyone who might be under the influence, and afterward, they may feel compelled to issue a ticket. Who wants to walk away from something saying, “Sorry, I made a mistake?” Certainly not most police officers.

Serial DUI offenders manipulate the system and get minimum charges and sentencing. But what’s the result at the end of the day? You’re still in court facing a charge that shouldn’t have gone past a small ticket.

If you would like to know more information about if you have the right to refuse a breathalyzer test, view this page.

Wet and Reckless is More Common Than a DUI

Technically in Indiana, they’re registered as an OWI, operating while intoxicated. Unlike other states, they don’t have to test your roadside before making an arrest. Instead, the procedure goes along the lines of detaining, search, BAC testing, charges pressed.

Now many people walk away with a wet and reckless, or a wet/reck. That is a common street term for a reckless driving charge, which is what officers will issue for someone who was within the legal limit. Often they do this to cover themselves. However, there are always times when even a reckless charge is not deserved.

An OWI charge for the first offense is a $5,000 fine, court fees, fines, probation, courses on alcoholism, and more. There is even the possibility of spending a year in jail and not having your license for two years. Many people skate by with a wet and reckless, which masks how many DUIs someone might actually have.

Many families know someone that seems to be in the drunk tank a few times every couple of weeks. So why can they still drive and still get away with driving drunk? Any variety of problems or a good attorney can result in a reduced charge.

A judges gavel next to a set of car keys.

Did You Deserve a DUI?

It’s a good question. Do you deserve a DUI? While the only bar is whether you were over the legal limit, many argue that they were driving safely. Of course, the argument is that no one can drive safely while impaired, but many people can hit the legal limit with only one or two drinks and drive well.

To fight off the one DUI that you didn’t deserve, you can show that the cop had no reason to pull you over. Without breaking a traffic infraction or a report of swerving, there were no grounds for suspicion. The only exception to this is at checkpoints.

Becoming a Serial Offender

Healthline acknowledges there are five milestones for alcoholics. They experiment, increase their intake, become problem drinkers, develop a dependence, and then full-blown addiction. Often the serial offenses for a DUI start between increasing intake and becoming a problem drinker. OWIs often happens for people when they’re increasing their alcohol intake. They may not realize that they drank more than usual.

Additionally, someone may not realize that they have become a problem drinker. The difference is that when one person gets a DUI and is not on the path to becoming an alcoholic, they stop drinking when they’re out. Or, they use a rideshare service or plan to have a DD. Others that will become serial offenders will brush it off as something they didn’t deserve, something they weren’t responsible for doing.

What’s the Difference?

The primary difference between serial offenders and the people who get one OWI is clear. A person with one OWI chose to manage or stop their drinking, or to stop driving when drinking. Whereas serial offenders don’t choose that. However, there are other differences.

Many believe that the primary difference is that people with one OWI had harsher outcomes on that one charge. However, that doesn’t really translate to real-world outcomes. One harsh sentence doesn’t always lead to less drinking and driving in the future.

Call Your Drunk Driving Defense Attorney in Indianapolis

For many people, hiring a drunk driving attorney is terrifying. But, it could be the difference between staying out of jail, getting a license back, or reducing your fines. Of course, there are no guarantees, but you might need a strong defense attorney to get a fair finding on your case.

The charges and the inconvenience that you’re facing are unreasonable. All the same, you must go ahead and press on. The Rathburn Law offices help people navigate a DUI charge. We’ll give your insight into what happens when you have serial DUIs. Talk to us and get some peace of mind in how to handle your DUI charge with an experienced drunk driving defense attorney.