The DUI Basics - What is DUI / DWI?

DUI is an acronym for Driving Under the Influence.
DWI is an acronym for Driving While Intoxicated.

Despite the difference in semantics, both of those terms generally refer to the same type of law. In most, if not all states, there is no difference between the two terms. The use of one over the other is generally simply a personal preference of each state’s legislature.

Some other terms used are OUI (Operating Under the Influence) and OUIL (Operating Under the Influence of Liquor), among others.

In the end, they all mean the same thing: You were operating a motor vehicle after having consumed some type of alcoholic beverage which caused you to be in such a condition that the State believes your ability to safely operate a motor vehicle has been impaired, and thus decrees it to be a criminal act.

DUI laws are state-specific, that is, they are state legislature enacted laws, so each differs from the others. You can research state specific information on our State by State page. Despite this fact, many facets of DUI law are somewhat consistent throughout the country.

  Origin of DUI laws

Many state DUI laws were developed in response to federal highway funding mandates. In order to qualify for federal road maintenance assistance, individual states were compelled to define a legal age for alcohol consumption and laws defining the legal level of intoxication for drivers. In general, states established a legal drinking age of 21 years, although some allowed the consumption of low-alcohol beers and wines at age 18. Later federal highway mandates encouraged a uniform drinking age of 21.

Much of the DUI legislation, including the federal funding mandates, were influenced by special interest groups like M.A.D.D. For example, in addition to lobbying for the enactment of DUI laws, MADD also helped popularize the use of designated drivers. More recently, MADD was heavily involved in lobbying to reduce the legal limit for blood alcohol from BAC .10 to BAC .08. In 2000, this standard was passed by Congress and by 2005, every state had an illegal .08 BAC limit. MADD Canada has called for a maximum legal BAC of .05%. Although many MADD leaders have supported a lower limit, MADD U.S. has not yet officially called for a legal limit of .05%.

  How do DUI laws work?

In general, there are two types of DUI laws; DUI and DUI per se.

“Per se” is a Latin term that means “by itself”. A DUI per se law is one that assumes you are intoxicated based upon your blood alcohol concentration (B.A.C.). All U.S. states, and the District of Columbia, have per se DUI laws making it a crime to drive with a B.A.C. of .08% or higher. You can learn about B.A.C. and the science behind B.A.C. testing by clicking here.

You can be convicted under a DUI per se statute regardless of whether your driving was visibly impaired.

The second type of DUI law requires that your driving ability be materially impaired. In other words, the officer needs to be able to prove that your driving ability was actually decreased as a result of consuming alcohol or drugs.

In most states, you can and will be charged with both types of DUI law, although you will often only be sentenced for one.

  What are the Penalties for DUI?

As with any criminal charge, the punishment varies greatly from state to state.

In all states, the maximum penalty for a first time DUI is jail time. However, in practice, most first time DUI offenders receive much lesser sentences such as probation, fines, mandatory attendance in drug and alcohol classes, and driver’s license restrictions. Some jurisdictions have pretrial diversion programs that provide for even lighter sentences.

In most states, subsequent convictions can result in much harsher penalties. Ignition Interlocks, car forfeiture, driver’s license revocation, and lengthy jail terms are not uncommon in these cases.

  Administrative Penalties - Driver’s License Suspensions

Like criminal penalties, administrative penalties vary widely from state to state. In general, most states will suspend your driver’s license upon conviction or if you refuse a B.A.C. test, will revoke your driver’s license for repeat offenses, and provide much harsher penalties if caught driving with a DUI-related suspended license than if you’re suspended for another, non-DUI reason.

  Civil and Criminal Penalties for Injuries

The possibility of injuring or killing someone while driving under the influence is very real. In such cases, you are likely looking at some very serious manslaughter-type criminal charges as well as a civil suit from the victim or victim’s family; and rightfully so. If you find yourself in this situation, you should be discussing your options with a qualified attorney. For more information about DUI Penalties click here.