DUI (Driving Under the Influence)

Understanding DUI Charges

Depending upon the state, a drunk driving offense may be referred to as DUI (driving under the influence), DWI (driving while impaired/intoxicated) or OUI (operating under the influence). It is most frequently referred to as DUI or driving under the influence. This term is used to describe the unlawful act of operating a motor vehicle while under the influence of alcohol or a controlled substance. Each state may have a different definition of what constitutes "under the influence", but most apply generally the same meaning.

Driving under the influence is the action of driving a car, truck, bus, motorcycle or other motor vehicle while:

  • With a blood alcohol concentration (BAC) of .08% or greater; and/or
  • One's normal abilities are impaired by alcohol or drugs.

Important note: commercial drivers and drivers under the age of 21 may face license suspension or criminal charges for driving with lower blood alcohol levels, depending on the state.

DUI Involving Alcohol or Drugs

Most driving under the influence charges involve alcohol, but they can involve narcotics or even prescription drugs in some instances. Field sobriety tests and chemical tests are used by law enforcement to determine whether an individual is under the influence of alcohol or drugs, or both. Most often, a breath test is used to determine blood alcohol concentration, and a blood or urine test is used to determine the presence of drugs. Physical evidence and the arresting officer's testimony may be used against a defendant in criminal court to seek a DUI conviction.

Drunk driving is a common criminal offense throughout almost every state in the U.S., and state laws are most often very harsh in dealing with DUI defendants. For more information on driving under the influence and related criminal offenses, click on one of the topics below:

DMV Hearings
Each state will have its own version of an administrative hearing that is held regarding the suspension of the driver's license after a DUI arrest. Click here to read more about DMV hearings...

Driving While Intoxicated
Some states refer to drunk driving offenses as DWI or driving while intoxicated. The general idea will be the same, but the specific definition of the offense and the penalties will vary depending on the jurisdiction. Click here to read more about driving while intoxicated...

Vehicular Manslaughter
In some cases, a driver may be accused of causing a fatal car accident while DUI. In these cases, he or she may actually face manslaughter charges. Click here to read more about vehicular manslaughter...

BUI (Boating Under the Influence)
Just as it is illegal to drive a car while under the influence of alcohol or drugs, it is illegal to operate a boat. The penalties for BUI, or boating under the influence, are similar to those enforced for DUI. Click here to read more about BUI...

It is important to move quickly if you've been arrested for DUI. Click here to find a criminal defense lawyer in your area.