New Year, New Laws - 2021
(Hey there, everyone - I first sent this post out via my newsletter - feel free to sign up for more updates like this. - Tom)
Hello, Happy New Year! Hope this one is treating you well.
2020 was a rough one for sure. What’s nice about it is, when things hit the bottom, the only place they can go is up. That was my experience getting a DUI, and that’s the attitude I’m taking with me into 2021. We’ll see how long it lasts.
Changing Laws
The first day of January usually involves a lot of changing laws, more often than not bringing the hammer down on DUI offenders harder, but that wasn’t the case this year. As legislatures were unable to meet or otherwise occupied by the pandemic, DUI offenders weren’t in the crosshairs for once. A nice feeling.
Instead the theme of this year’s new laws: Justice Reform.
After the George Floyd incident and protests the tide shifted in this country, whether you agree with those sentiments towards police or not, and legislators acted in response (it was an election year, after all).
(Again standard legal disclaimer here: I’m not a lawyer, and I’m definitely not your lawyer, any analysis of this is me just trying to piece things together from the news/bills and I don’t know the full ins-and-outs of how all this goes down. I’m giving you my best idea, however)
Arizona
Legalized recreational marijuana - can still get a DUI-Drugs.
California
AB 3234 - Allows misdemeanor DUIs to become eligible for diversion. Once diversion is completed, the crime doesn’t stick to your record.
I haven’t gotten into the nuts-and-bolts of this one (these types of programs aren’t laid out beforehand), but I’m guessing it’s a lot like other programs - fines, probation, meetings - a lot of what you already do when convicted - and they seal your record automatically once it’s done. No longer does a non-expunged DUI hang over your head for ten years. I’m guessing it’ll still be prior-able since they love to be able to still stick it to you when they have a chance, and it’ll stay on your DMV record so you’re not getting a break on insurance.
That said - it’s a great step forward. A DUI doesn’t need to ruin somebody’s life, it needs to teach them a lesson. Most of us have learned ours from the feeling of seeing police lights in the rearview.
The big caveat of this: It won’t apply to a DUI you already have. If you’ve been convicted you’ll still have to apply for an expungement the old fashioned way.
AB 1076 - Under this law, the state will automatically clear records for arrests that did not result in conviction after the statute of limitations has passed, and those around probation and jail once the sentence is completed
This goes hand-in-hand nicely with the other law - if you don’t receive diversion (it’s up to the judge) and get convicted as you would have prior, your records will be sealed as if you got an expungement. This saves you the time and money of the process (which was difficult for me, and I plan to write about soon).
It’s also nice to see a clearing of the arrest that doesn’t lead to convictions - a lot of people think that if they get off then everything is fine, but an arrest still shows up on your record. That will no longer be the case.
However, like before, this only applies to arrests/and convictions after Jan 1, 2021.
Prop 17 - If your previous DUI was a felony, you may be eligible to regain your right to vote (it’s insane that we take away voting rights like this in the first place).
Montana
Legalized recreational marijuana - can still get a DUI-Drugs.
New Hampshire
Commercial truck drivers - or anyone driving a vehicle weighting 10,001 lbs or more, will automatically have their DWI upgraded to an Aggravated DWI, which carries a larger fine (up to $750 from $500, but don’t think that’s what you’ll be paying) and a mandatory minimum of 17 days in jail (12 days will be suspended if the driver submits to a substance use disorder evaluation). Additionally, those commercial drivers who refuse to submit to a breathalyzer will have their commercial license suspended immediately instead of having that little bit of wiggle time before it was suspended.
Harsh. Commercial drivers used to be subject to the same laws as ordinary drivers, but no longer.
New Jersey
Legalized recreational marijuana - can still get a DUI-Drugs.
Pennsylvania
A “Move Over” law was enacted - if an emergency vehicle is at the side of the road, you need to move over a lane away from them or slow down to 20 MPH under the speed limit. Give them some space or police will have a reasonable cause to pull you over.
South Dakota
Legalized recreational marijuana - can still get a DUI-Drugs.
Virginia
As of 1/1/21 - You can’t drive while holding a cell phone. Only related to DUIs because it gives a reasonable cause to pull somebody over.
Traveling
Tangentially related to DUI issues is the Real ID card - it was supposed to be required to fly this previous years, but in interest of keeping DMVs less crowded and/or closed, they delayed it until October. You’ll need a Real ID compliant license to step on an airplane. So, if your license was suspended you’ll either need to use a Passport, or get a Real ID state ID card to get on board. If you are getting a new license after suspension, be sure to get a Real ID compliant license. If you’ve just gotten one, then you either need a passport or have to go through the renewal process/fee again.
These are all the ones related/semi-related to drinking and driving that I could find. Has your state issued one I missed? Let me know!
Tom.
Hello, Happy New Year! Hope this one is treating you well.
2020 was a rough one for sure. What’s nice about it is, when things hit the bottom, the only place they can go is up. That was my experience getting a DUI, and that’s the attitude I’m taking with me into 2021. We’ll see how long it lasts.
Changing Laws
The first day of January usually involves a lot of changing laws, more often than not bringing the hammer down on DUI offenders harder, but that wasn’t the case this year. As legislatures were unable to meet or otherwise occupied by the pandemic, DUI offenders weren’t in the crosshairs for once. A nice feeling.
Instead the theme of this year’s new laws: Justice Reform.
After the George Floyd incident and protests the tide shifted in this country, whether you agree with those sentiments towards police or not, and legislators acted in response (it was an election year, after all).
(Again standard legal disclaimer here: I’m not a lawyer, and I’m definitely not your lawyer, any analysis of this is me just trying to piece things together from the news/bills and I don’t know the full ins-and-outs of how all this goes down. I’m giving you my best idea, however)
Arizona
Legalized recreational marijuana - can still get a DUI-Drugs.
California
AB 3234 - Allows misdemeanor DUIs to become eligible for diversion. Once diversion is completed, the crime doesn’t stick to your record.
I haven’t gotten into the nuts-and-bolts of this one (these types of programs aren’t laid out beforehand), but I’m guessing it’s a lot like other programs - fines, probation, meetings - a lot of what you already do when convicted - and they seal your record automatically once it’s done. No longer does a non-expunged DUI hang over your head for ten years. I’m guessing it’ll still be prior-able since they love to be able to still stick it to you when they have a chance, and it’ll stay on your DMV record so you’re not getting a break on insurance.
That said - it’s a great step forward. A DUI doesn’t need to ruin somebody’s life, it needs to teach them a lesson. Most of us have learned ours from the feeling of seeing police lights in the rearview.
The big caveat of this: It won’t apply to a DUI you already have. If you’ve been convicted you’ll still have to apply for an expungement the old fashioned way.
AB 1076 - Under this law, the state will automatically clear records for arrests that did not result in conviction after the statute of limitations has passed, and those around probation and jail once the sentence is completed
This goes hand-in-hand nicely with the other law - if you don’t receive diversion (it’s up to the judge) and get convicted as you would have prior, your records will be sealed as if you got an expungement. This saves you the time and money of the process (which was difficult for me, and I plan to write about soon).
It’s also nice to see a clearing of the arrest that doesn’t lead to convictions - a lot of people think that if they get off then everything is fine, but an arrest still shows up on your record. That will no longer be the case.
However, like before, this only applies to arrests/and convictions after Jan 1, 2021.
Prop 17 - If your previous DUI was a felony, you may be eligible to regain your right to vote (it’s insane that we take away voting rights like this in the first place).
Montana
Legalized recreational marijuana - can still get a DUI-Drugs.
New Hampshire
Commercial truck drivers - or anyone driving a vehicle weighting 10,001 lbs or more, will automatically have their DWI upgraded to an Aggravated DWI, which carries a larger fine (up to $750 from $500, but don’t think that’s what you’ll be paying) and a mandatory minimum of 17 days in jail (12 days will be suspended if the driver submits to a substance use disorder evaluation). Additionally, those commercial drivers who refuse to submit to a breathalyzer will have their commercial license suspended immediately instead of having that little bit of wiggle time before it was suspended.
Harsh. Commercial drivers used to be subject to the same laws as ordinary drivers, but no longer.
New Jersey
Legalized recreational marijuana - can still get a DUI-Drugs.
Pennsylvania
A “Move Over” law was enacted - if an emergency vehicle is at the side of the road, you need to move over a lane away from them or slow down to 20 MPH under the speed limit. Give them some space or police will have a reasonable cause to pull you over.
South Dakota
Legalized recreational marijuana - can still get a DUI-Drugs.
Virginia
As of 1/1/21 - You can’t drive while holding a cell phone. Only related to DUIs because it gives a reasonable cause to pull somebody over.
Traveling
Tangentially related to DUI issues is the Real ID card - it was supposed to be required to fly this previous years, but in interest of keeping DMVs less crowded and/or closed, they delayed it until October. You’ll need a Real ID compliant license to step on an airplane. So, if your license was suspended you’ll either need to use a Passport, or get a Real ID state ID card to get on board. If you are getting a new license after suspension, be sure to get a Real ID compliant license. If you’ve just gotten one, then you either need a passport or have to go through the renewal process/fee again.
These are all the ones related/semi-related to drinking and driving that I could find. Has your state issued one I missed? Let me know!
Tom.
Guest Post: Psychological Impact of a DUI Charge
Got a reader submission from John who wanted to talk about the psychological impact of all this - Tom
Psychological Impact of a DUI Charge
A DUI charge can lead to dire legal consequences, but that is not the only concern at the time of arrest. The DUI testing, police questions, license confiscation, and the overall incriminating circumstances can be overwhelming. The situation is most troublesome for young drivers who are first time offenders. They experience a paradox of emotions because there is so much to lose. They crave for a support system, as they do not know how to deal with a criminal allegation. Some offenders make the mistake of misbehaving with the police officers, which further worsens the conditions. It is natural for a person to go through a range of emotional phases while dealing with a DUI charge:
Shock and Denial
Being pulled over by the traffic police is typically an unpleasant surprise. On the top of that, getting handcuffed by a stern officer and being dragged to the police station is nothing less than horrifying. The proceedings seem like a nightmare and you hope to wake up any second. You tell yourself that you did not do anything wrong and want to run free, but find yourself restrained. You are not ready to take responsibility of your actions and face the consequences. You believe that denial will enable you to get past this.
Fear and Fury
Anger gets the best of you when the police treats you like a criminal and disrupts your plans. You clearly never intended to land in jail, thereby you curse your luck. You may yell or hit something in the heat of your desperation and frustration. At the same time, you are also frightened of what is yet to come. You are scared of having to spend the night in jail and no one coming to your rescue. If a family member sees you like this, how will you explain?
Remorse and Embarrassment
When you realize that you were wrong and cannot undo what has happened, the guilt begins to set in. You regret every action that led you to that moment. You wish you never had a drink or got behind the wheel, but it’s too late. You wonder what your family and peers will have to say once they find out about your criminal offense. You dread the fact that your mug shot shall become public and everyone you know will see it. You cannot stop thinking about the implications of a criminal record on your job or education.
Despair and Anxiety
When everything is out in the open and you are left helpless, despair takes over. You are sad that you let others down and risked your own future. You become a patient of depression after receiving rejection from the society and losing several privileges you had earlier. You want to go back in time, but things will never be the same. You pledge to never drink or drive again because you cannot bear reliving the recent events.
Accepting Reality
Time heals wounds, thus you gradually become calm and complacent. You are adhered to the altered lifestyle, so it doesn’t bother you anymore. As you make peace with reality, everything starts shifting back to normal. You can never forget the incident, but you learn to live with it.
Moving On
You start putting your life back together and strive to make things right. You try to invoke optimism and step forward. You hope to earn back the trust of people who matter the most, and not repeat your mistakes.
Author Bio
John Adams writes about physiological traumas and personal healing. He encourages readers to fight their fears and overcome the obstacles holding them back. He believes that any person can improve the quality of his or her life by incorporating positivity in every thought and action. He loves to share his insight on life experiences, and contributes on various online platform in the same niche.
Psychological Impact of a DUI Charge
A DUI charge can lead to dire legal consequences, but that is not the only concern at the time of arrest. The DUI testing, police questions, license confiscation, and the overall incriminating circumstances can be overwhelming. The situation is most troublesome for young drivers who are first time offenders. They experience a paradox of emotions because there is so much to lose. They crave for a support system, as they do not know how to deal with a criminal allegation. Some offenders make the mistake of misbehaving with the police officers, which further worsens the conditions. It is natural for a person to go through a range of emotional phases while dealing with a DUI charge:
Shock and Denial
Being pulled over by the traffic police is typically an unpleasant surprise. On the top of that, getting handcuffed by a stern officer and being dragged to the police station is nothing less than horrifying. The proceedings seem like a nightmare and you hope to wake up any second. You tell yourself that you did not do anything wrong and want to run free, but find yourself restrained. You are not ready to take responsibility of your actions and face the consequences. You believe that denial will enable you to get past this.
Fear and Fury
Anger gets the best of you when the police treats you like a criminal and disrupts your plans. You clearly never intended to land in jail, thereby you curse your luck. You may yell or hit something in the heat of your desperation and frustration. At the same time, you are also frightened of what is yet to come. You are scared of having to spend the night in jail and no one coming to your rescue. If a family member sees you like this, how will you explain?
Remorse and Embarrassment
When you realize that you were wrong and cannot undo what has happened, the guilt begins to set in. You regret every action that led you to that moment. You wish you never had a drink or got behind the wheel, but it’s too late. You wonder what your family and peers will have to say once they find out about your criminal offense. You dread the fact that your mug shot shall become public and everyone you know will see it. You cannot stop thinking about the implications of a criminal record on your job or education.
Despair and Anxiety
When everything is out in the open and you are left helpless, despair takes over. You are sad that you let others down and risked your own future. You become a patient of depression after receiving rejection from the society and losing several privileges you had earlier. You want to go back in time, but things will never be the same. You pledge to never drink or drive again because you cannot bear reliving the recent events.
Accepting Reality
Time heals wounds, thus you gradually become calm and complacent. You are adhered to the altered lifestyle, so it doesn’t bother you anymore. As you make peace with reality, everything starts shifting back to normal. You can never forget the incident, but you learn to live with it.
Moving On
You start putting your life back together and strive to make things right. You try to invoke optimism and step forward. You hope to earn back the trust of people who matter the most, and not repeat your mistakes.
Author Bio
John Adams writes about physiological traumas and personal healing. He encourages readers to fight their fears and overcome the obstacles holding them back. He believes that any person can improve the quality of his or her life by incorporating positivity in every thought and action. He loves to share his insight on life experiences, and contributes on various online platform in the same niche.
Let's Keep in Touch - The Survive A DUI Newsletter
Tom here… Just wanted to drop a quick note - I'm starting a newsletter to help people keep updated with the site, new posts, and new DUI laws as they happen. Free to subscribe, unsubscribe anytime, and I'll have the "community" features enabled so you can talk with other people and help commiserate and share experiences (there's already a discussion thread for you to post in).
No pressure to sign up, I just wanted to offer another resource for all of us to get through this together.
-Tom.
No pressure to sign up, I just wanted to offer another resource for all of us to get through this together.
-Tom.
Guest Post: How To Emotionally Recover After Receiving A DUI
27 04 / 20 Filed in: DUI | Guest post
Brandon emailed me again wanting to give some perspective on how to emotionally recover from a DUI. Decided it was a good idea to give an additional viewpoint other than mine about how to get through this. - Tom
How To Emotionally Recover After Receiving A DUI
By: Brandon Leuangpaseuth
“Pull over, I need to throw up!”
I quickly jerked the steering wheel to the right lane and my car drifted towards the exit. I exited from the freeway, pulled into the nearby gas station as one of my female friends hunched over and vomited in the trashcan by the gas pump. She spilled her guts outside of the car as I let out a deep sigh of relief.
I searched for a water bottle around the car but as I looked up into the rearview mirror, blue and red lights filled my eyes. My body froze stiff like a board as I stared into the mirror with disbelief...
This did not look good…
The officers stepped outside of their car with their flashlights on and shined them at my female friend whose face was buried in the trash can. Both lights immediately pointed in my direction as my head started spinning and my stomach began churning…
The next thing I know, I was calling my brother to come to bail me out of the drunk tank the next day. I had blown over a .08 in the sobriety tests at the station. I dragged my feet with shame and disappointment in myself as I walked out of the station...
The Emotional Torture After A DUI
First of all, I know I should have never driven in the first place. I hated myself more than anyone knows. I take full responsibility for my actions and I would recommend that nobody else drives with alcohol in their system. I spent approximately 16 hours at the station and I was so distraught.
Those 16 hours felt like years. So many thoughts flooded my head…
“Well, there goes my life, my career, and my self-worth…”
After my brother picked me up from the police station, I couldn’t eat or sleep for a week. I couldn’t believe the DUI charge even happened to me.
I have to say, if I didn’t have classes to go to, I probably would have laid in bed for the next 3 or so months…
Every day was torture. I wasn’t suicidal but every day I returned home from school I wanted to have a breakdown and punch some pillows out of frustration…
I was so mad at myself. How could I be so reckless?
It felt like my life was over.
All of my insurance bills went up... and I had to pay for all of those DUI classes. I was a college student barely affording to eat already so this really made money tight.
Not to mention I had to deal with the embarrassment of telling all of my grandparents, uncles, aunts, and friends about why I could not drive myself around. This was the worst part. Not telling my family and friends... but not being able to drive. It really does make you so dependent on other people and public transportation. Your schedule revolves around people and bus schedules. Ride-sharing applications add up and I just didn’t have the money to spend.
I can’t tell you enough.
Everything about getting a DUI is stressful.
Take It One Day At A Time
I had to live every day with the regret of drinking and driving but after a lot of time, I got used to it. I eventually fully accepted my mistake as well as the consequences and my life felt a little less stressful.
I’d recommend to anyone who was recently convicted of a DUI to take it one day at a time. Don’t stress about getting jobs, or thinking too much about your future but instead, to make the most of the day and take the best steps moving forward. Looking back, this was a really stressful time in my life but honestly, I simply made a mistake.
And we all make mistakes. This is not to lessen my actions or try to rationalize that what I did was okay, however, it just puts me back in perspective to not be so hard on myself.
I am human, you know.
My good buddy who is a freelance copywriter recommended that I keep a journal for emotional therapy. Keeping a log about how I was feeling on some of those days where I was feeling especially down really helped a lot. Just writing about the stress and struggles I experienced would help me feel less distraught.
I’m honestly really grateful for the experience because it taught me not to drive with any alcohol in my system and to really think of driving as a privilege. After all that time, I relied on people to take me places, I am so grateful to be able to drive now.
Just know that the charge does eventually go away on your record and you will be okay. I couldn’t work some jobs while I was in college because I had a DUI on my record, but for the most part, it wasn’t too much of a factor in my job searches.
Please think twice if you are about to drive home with alcohol in your system. Trust me, it blows to not be able to drive. You will get through it. Again, it’s going to be tough, but you’ll make it through. What really helped me was to hang out with friends or family members who knew I wasn’t a bad person. They know I just made a mistake and treated me like normal which really lent a hand to rebuild my self-esteem.
The best piece of advice for anybody out there who just recently received a DUI is to learn your lesson and move on. Not to sound like your parent but that’s really all that we can do in that situation. The past is the past and all we can do is focus on being better in the future.
Bio:
Brandon Leuangpaseuth is a freelance writer from San Diego, CA. You can connect with him on LinkedIn @ bleuangpaseuth
How To Emotionally Recover After Receiving A DUI
By: Brandon Leuangpaseuth
“Pull over, I need to throw up!”
I quickly jerked the steering wheel to the right lane and my car drifted towards the exit. I exited from the freeway, pulled into the nearby gas station as one of my female friends hunched over and vomited in the trashcan by the gas pump. She spilled her guts outside of the car as I let out a deep sigh of relief.
I searched for a water bottle around the car but as I looked up into the rearview mirror, blue and red lights filled my eyes. My body froze stiff like a board as I stared into the mirror with disbelief...
This did not look good…
The officers stepped outside of their car with their flashlights on and shined them at my female friend whose face was buried in the trash can. Both lights immediately pointed in my direction as my head started spinning and my stomach began churning…
The next thing I know, I was calling my brother to come to bail me out of the drunk tank the next day. I had blown over a .08 in the sobriety tests at the station. I dragged my feet with shame and disappointment in myself as I walked out of the station...
The Emotional Torture After A DUI
First of all, I know I should have never driven in the first place. I hated myself more than anyone knows. I take full responsibility for my actions and I would recommend that nobody else drives with alcohol in their system. I spent approximately 16 hours at the station and I was so distraught.
Those 16 hours felt like years. So many thoughts flooded my head…
“Well, there goes my life, my career, and my self-worth…”
After my brother picked me up from the police station, I couldn’t eat or sleep for a week. I couldn’t believe the DUI charge even happened to me.
I have to say, if I didn’t have classes to go to, I probably would have laid in bed for the next 3 or so months…
Every day was torture. I wasn’t suicidal but every day I returned home from school I wanted to have a breakdown and punch some pillows out of frustration…
I was so mad at myself. How could I be so reckless?
It felt like my life was over.
All of my insurance bills went up... and I had to pay for all of those DUI classes. I was a college student barely affording to eat already so this really made money tight.
Not to mention I had to deal with the embarrassment of telling all of my grandparents, uncles, aunts, and friends about why I could not drive myself around. This was the worst part. Not telling my family and friends... but not being able to drive. It really does make you so dependent on other people and public transportation. Your schedule revolves around people and bus schedules. Ride-sharing applications add up and I just didn’t have the money to spend.
I can’t tell you enough.
Everything about getting a DUI is stressful.
Take It One Day At A Time
I had to live every day with the regret of drinking and driving but after a lot of time, I got used to it. I eventually fully accepted my mistake as well as the consequences and my life felt a little less stressful.
I’d recommend to anyone who was recently convicted of a DUI to take it one day at a time. Don’t stress about getting jobs, or thinking too much about your future but instead, to make the most of the day and take the best steps moving forward. Looking back, this was a really stressful time in my life but honestly, I simply made a mistake.
And we all make mistakes. This is not to lessen my actions or try to rationalize that what I did was okay, however, it just puts me back in perspective to not be so hard on myself.
I am human, you know.
My good buddy who is a freelance copywriter recommended that I keep a journal for emotional therapy. Keeping a log about how I was feeling on some of those days where I was feeling especially down really helped a lot. Just writing about the stress and struggles I experienced would help me feel less distraught.
I’m honestly really grateful for the experience because it taught me not to drive with any alcohol in my system and to really think of driving as a privilege. After all that time, I relied on people to take me places, I am so grateful to be able to drive now.
Just know that the charge does eventually go away on your record and you will be okay. I couldn’t work some jobs while I was in college because I had a DUI on my record, but for the most part, it wasn’t too much of a factor in my job searches.
Please think twice if you are about to drive home with alcohol in your system. Trust me, it blows to not be able to drive. You will get through it. Again, it’s going to be tough, but you’ll make it through. What really helped me was to hang out with friends or family members who knew I wasn’t a bad person. They know I just made a mistake and treated me like normal which really lent a hand to rebuild my self-esteem.
The best piece of advice for anybody out there who just recently received a DUI is to learn your lesson and move on. Not to sound like your parent but that’s really all that we can do in that situation. The past is the past and all we can do is focus on being better in the future.
Bio:
Brandon Leuangpaseuth is a freelance writer from San Diego, CA. You can connect with him on LinkedIn @ bleuangpaseuth