What is a DUI?

DUI stands for driving under the influence. Some states use the term DWI, driving while intoxicated, instead of DUI. Their meanings are identical: they refer to a person driving while impaired by alcohol or drugs.

The technical definition of "driving under the influence" depends on individual state laws and is based on a person's blood alcohol concentration (BAC). This is determined either through a breath, blood, or urine test (which is usually conducted if drugs are suspected). Most states have set the legal BAC limit at 0.08 for people over age twenty-one. Some states allow a BAC of 0.10, although Congress has passed a national standard of 0.08 that links highway funds with compliance. Congress's actions were based on a significant body of research indicating that, at a BAC of 0.08, the average person's driving ability is impaired.

DUI Laws

Coupled with educational campaigns, the following types of laws have been shown to have some effectiveness in preventing DUIs:

• Illegal or administrative per se laws - make it illegal to have a BAC over the limit set by the state (0.08 or 0.10). If an arrestee's BAC is over the limit, the department of motor vehicles can revoke or suspend the person's license.

• Dram shop laws - make it illegal for a person to sell alcohol to a drunk or intoxicated individual. The seller may bear liability for harm to or caused by the intoxicated individual.

• Minimum drinking age and zero tolerance laws - make it illegal for anyone under the age of twenty-one to drink alcohol. If someone under age twenty-one is suspected of drunk driving, a BAC of only 0.01 or 0.02 may be enough to revoke the person's license in many states. All states have zero tolerance laws.

• Open container laws - prohibit drivers and passengers from having an alcoholic beverage open in a vehicle. The federal government has encouraged all states to enact open container laws by linking highway funding to the implementation of such laws. So far, about thirty states have adopted open container laws.

• Administrative License Revocation (ALR) laws - allow for a temporary suspension or revocation of a person's driver's license upon DUI conviction. Most states have ALR laws. If a person refuses to take a breath or blood test, their license may be immediately revoked. Should a person be convicted of DUI in court, their license may be suspended for anywhere from a week to a few months or, for repeat offenders, even years, depending on the state. Limited driving privileges may be restored in some cases while the license is suspended (e.g. a person may be allowed to drive only to and from work).

• Vehicle sanctions - require specific changes to be made to a DUI convict's vehicle or prohibit the convict's use of the vehicle for a set time. Alterations to the vehicle may include special markings on the license plate or the use of an interlock device that prevents the car from starting unless the driver passes a breath test. Other sanctions may include impounding the vehicle, confiscating or selling it, or suspending the registration.

• Mandatory sanctions - refers to laws that require a court or administrative agency (such as the DMV) to issue a specific punishment. This may be jail time, fines, license suspension, or another standard penalty linked to the specific offense of driving while intoxicated.

Types of Punishment

Punishment for a DUI conviction is dependent on a number of factors, including:

• The state in which the arrest took place

• Whether the DUI was a first, second, third, or other conviction

• If additional laws were broken (such as going over the speed limit)

• Whether children were present or could have been present in the area

• The person's BAC at the time he or she was driving

• If the convicted person refused to take a blood, breath, or urine test at the time of arrest

License revocation or suspension is independent of criminal charges. If a person refuses to take a BAC test or fails it, they may face license suspension beginning at the time of arrest. Additional penalties may be imposed if the person is convicted in a criminal court, including fines, jail or prison time, probation, or community service. The person may also be ordered to participate in a drug or alcohol treatment program.

Under zero tolerance laws, those under age twenty-one can have their license suspended for one year if they are found with even a small amount of alcohol in their system. If a person under age twenty-one is found to be over the legal limit of 0.08, he or she can be arrested and convicted of drunk driving. Minors who receive DUI convictions may be sentenced as adults, but if they are given detention, they will spend it in a juvenile facility.

Alcohol Stats

Driving under the influence of alcohol or drugs causes numerous accidents every year. Although DUI accidents are preventable, people continue to drink and drive. Here are a few of the disturbing statistics:

• In 2001, over 40% of fatal automobile accidents were alcohol-related.

• Approximately 30% of Americans will be in an accident involving alcohol.

• According to estimates, someone is injured in an alcohol-related accident every two minutes.

• Accidents involving alcohol are more likely to occur at night-about five times more likely.

• About two-thirds of DUI convictions are for first time offenders, meaning that more people continue to drive under the influence even after seeing punishments meted out to others.

• More than one-third of all fatal traffic accidents in 2001 involved at least one person with a BAC over 0.08.

• According to the National Highway Traffic Safety Administration, all but 3% of Americans cite drunk drivers as a serious hazard to their lives and families.

If you have been arrested on charges of driving under the influence, you may want to consider contacting a qualified criminal defense attorney.

• DUI FAQs
• DUI Glossary