DUI/DWI

Driving under the influence (DUI) and Driving While Intoxicated (DWI) are serious criminal offenses involving the operation of a vehicle while impaired by alcohol, drugs, or other intoxicating substances. Although often used interchangeably, the distinction between DUI and DWI varies by state.

In some jurisdictions, such as Texas and New York, DWI typically denotes a higher level of intoxication or alcohol-specific offenses. In some other states, DUI may refer more broadly to impairment by drugs or any intoxicant. Conversely, states like California and Florida use DUI as the comprehensive term for all impaired-driving offenses.

According to the National Highway Traffic Safety Administration (NHTSA), alcohol-related crashes claim roughly one life every 42 minutes, making about 30% of all U.S. traffic deaths. Therefore, understanding DUI/DWI laws is crucial to drivers, employers, and families.

What Constitutes a DUI or DWI Offense

The core legal principle of DUI or DWI across all U.S. states is that safe driving requires absolute control and alertness. Any level of impairment that compromises those abilities may lead to criminal charges.

Legal Blood Alcohol Concentration (BAC) Limits

Most states set the legal BAC limit for adult drivers at 0.08%, meaning 0.08 grams of alcohol per 100 milliliters of blood. Commercial drivers face a stricter federal limit of 0.04%, reflecting their greater duty of care and responsibility. Underage drivers are typically subject to zero-tolerance laws where any measurable alcohol level, usually 0.01% and 0.02%, can result in a DUI or DWI charge.

BAC is measured using breath, blood, or urine tests, administered by law enforcement after a traffic stop or arrest. Exceeding these statutory limits constitutes a "per se" DUI offense.

Impaired Driving Without BAC Evidence

Drivers may still face DUI or DWI charges without exceeding the BAC threshold if their conduct indicates impairment. These are known as impairment-based offenses, where prosecutors rely on observations and field sobriety tests, such as erratic driving, slurred speech, or coordination failures, to prove that a driver was incapable of safe operation.

In contrast, a per se offense depends solely on chemical test results exceeding the statutory limit. Here, intoxication is presumed by law, exceeding the state's predetermined BAC limit, regardless of actual driving behavior.

Controlled Substances and Prescription Drugs

DUI and DWI laws also cover impairment caused by controlled substances, including marijuana, opioids, stimulants, over-the-counter drugs, and prescription medications that affect coordination, judgment, or alertness.

Drivers can be charged even when they are using legally prescribed substances, such as benzodiazepines or sleep aids, if these drugs affect their ability to operate a vehicle safely. States increasingly use blood, urine, or saliva testing to detect such substances.

How DUI/DWI Laws Differ by State

DUI and DWI laws vary significantly across the United States, reflecting each state's approach to traffic safety, enforcement, and rehabilitation. While DUI and DWI are the most common terms, some states use alternative designations.

In Maine and Massachusetts, DUI is referred to as Operating Under the Influence (OUI), while in Indiana and Wisconsin, it is called Operating While Intoxicated (OWI). In Oregon, intoxicated driving is called Driving Under the Influence of Intoxicants (DUII). Despite the terminology differences, all refer to offenses involving impaired driving.

Penalties for DUI or DWI offenses differ widely by jurisdiction. In some states, a first-time DUI may result in a misdemeanor charge with fines, probation, or mandatory education programs. In other states, mandatory jail time, higher fines, or ignition interlock installation are imposed for first-time offenders.

Repeat offenses escalate penalties; some states classify a third DUI within 10 years as a felony, while others reserve felony status for fourth offenses or cases involving injury, death, or extremely high BAC levels.

States also maintain distinct lookback periods, usually the length of time a previous conviction can influence sentencing for a new offense. For instance, New York uses a five-year lookback period, while others, such as Florida and California, extend it to ten years or longer.

All states require ignition interlock devices (IIDs), but their use differs. Some states demand them for all convicted drivers, while others limit them to repeat offenders or offenders with high BAC levels. These devices prevent a vehicle from starting if the driver's breath registers alcohol.

Diversion programs, deferred adjudication, and DUI courts offer eligible defendants alternatives to conviction. These options typically require participation in treatment, monitoring, and compliance with program conditions. If completed successfully, charges may be reduced or dismissed. However, eligibility is usually limited and typically excludes high-risk or repeat offenders.

Nearly all states enforce zero-tolerance laws for drivers under 21, criminalizing any detectable alcohol level. Additionally, Administrative License Suspension (ALS) laws immediately suspend driving privileges upon refusal or failure of a chemical test under implied consent statutes. Suspension durations vary between 30 and 180 days for a first offense, with longer periods for refusal or repeat violations.

Here is a state-by-state breakdown of penalties for a DUI or DWI first-time offense:

State	Label/Term	First-Offense Penalties (summary)
AL	DUI	Misdemeanor; fines, possible jail, license suspension; interlock possible
AK	DUI	Misdemeanor; fines, jail exposure, license action; interlock possible
AZ	DUI	Misdemeanor (non-aggr.); fines, jail minimums, suspension; interlock common
AR	DWI	Misdemeanor; fines, jail possible, suspension; interlock possible
CA	DUI	Misdemeanor; fines/assessments, probation, program, suspension; interlock routes
CO	DUI/DWAI	Misdemeanor; fines, jail possible, programs, license sanctions; interlock paths
CT	DUI (statute uses OUI)	Misdemeanor; fines, possible jail/probation, suspension; interlock options
DE	DUI	Misdemeanor; fines, jail possible, program, suspension; interlock routes
FL	DUI	Misdemeanor; fines, possible jail, probation, program, suspension; interlock (high BAC)
GA	DUI	Misdemeanor; fines, jail exposure, program, suspension; interlock/restricted
HI	OVUII	Misdemeanor; fines, program, license sanctions; interlock routes
ID	DUI	Misdemeanor; fines, jail possible, suspension; interlock options
IL	DUI	Misdemeanor; fines, possible jail, monitoring, suspension; interlock (BAIID)
IN	OWI	Misdemeanor; fines, jail exposure, program, suspension; interlock possible
IA	OWI	Misdemeanor; fines, jail possible, evaluation, revocation; interlock
KS	DUI	Misdemeanor; fines, jail possible, program, suspension; interlock
KY	DUI	Misdemeanor; fines, jail possible, program, suspension; interlock
LA	DWI	Misdemeanor; fines, jail exposure, program, suspension; interlock
ME	OUI	Misdemeanor; fines, jail possible, suspension; interlock
MD	DUI/DWI	Misdemeanor; fines, possible jail, program, suspension; interlock (MDIIP)
MA	OUI	Misdemeanor; fines, probation/programs, suspension; interlock (repeat/high risk)
MI	OWI	Misdemeanor; fines, jail possible, program, suspension; interlock (high BAC)
MN	DWI	Misdemeanor (gross for some); fines, jail possible, license; interlock
MS	DUI	Misdemeanor; fines, jail possible, suspension; interlock paths
MO	DWI	Misdemeanor; fines, jail exposure, program, suspension; interlock
MT	DUI	Misdemeanor; fines, jail possible, program, suspension; interlock
NE	DUI	Misdemeanor; fines, jail possible, revocation; interlock permits
NV	DUI	Misdemeanor; fines, jail possible, program, suspension; interlock (often)
NH	DWI	Misdemeanor; fines, program, suspension; interlock possible
NJ	DWI	Non-criminal traffic offense (first tier) w/ heavy fines, interlock, suspension alternatives
NM	DWI	Misdemeanor; fines, jail possible, program, revocation; interlock emphasis
NY	DWI/DWAI	Misdemeanor (first DWI); fines, jail possible, program, suspension; interlock (Leandra's Law for minors in car)
NC	DWI	Misdemeanor levels I-V; fines, active/suspended jail, license; interlock routes
ND	DUI	Misdemeanor; fines, jail possible, program, suspension; interlock
OH	OVI	Misdemeanor; fines, jail possible, ALS, interlock/camera plates in some cases
OK	DUI	Misdemeanor; fines, jail exposure, revocation; interlock
OR	DUII	Misdemeanor; fines, jail/ALT sanctions, suspension; interlock mandatory upon conviction
PA	DUI	Misdemeanor tiers; fines, jail possible, program, suspension varies; interlock
RI	DUI	Misdemeanor; fines, program, suspension; interlock
SC	DUI	Misdemeanor; fines, jail possible, program, suspension; interlock (tiers)
SD	DUI	Misdemeanor; fines, jail possible, revocation; interlock
TN	DUI	Misdemeanor; fines, mandatory jail mins, suspension; interlock
TX	DWI (adult) / DUI (minors)	Misdemeanor; fines, jail possible, program, suspension; interlock (conditions)
UT	DUI (0.05% per-se)	Misdemeanor; fines, jail possible, program, suspension; interlock
VT	DUI	Misdemeanor; fines, jail possible, program, suspension; interlock
VA	DUI	Misdemeanor; fines, mandatory mins (high BAC), suspension; interlock (VASAP)
WA	DUI	Misdemeanor; fines, jail possible, program, suspension; interlock
WV	DUI	Misdemeanor; fines, jail possible, revocation; interlock (deferral options)
WI	OWI	1st often non-criminal forfeiture (no jail), license penalties; interlock (high BAC)
WY	DUI	Misdemeanor; fines, jail possible, suspension; interlock

The DUI Arrest and Court Process

A DUI investigation often begins with a lawful traffic stop based on reasonable suspicion, such as erratic driving, speeding, or vehicle equipment issues. Once stopped, the officer observes for signs of impairment, including the odor of alcohol, slurred speech, or unsteady movement.

If indicators are present, the officer may administer Standardized Field Sobriety Tests (SFSTs) approved by the NHTSA. These include:

• The Horizontal Gaze Nystagmus (HGN) test, which observes involuntary eye jerking,

• The Walk-and-Turn (WAT) test, which measures balance, divided attention, and multitasking ability, and

• The One-Leg Stand (OLS) test assesses coordination and focus while standing on one foot.

After arrests, officers typically request a chemical test (blood, breath, or urine) to determine BAC or the presence of drugs. Under implied consent laws, drivers implicitly agree to these evidentiary chemical testing by operating a vehicle.

• Breathe tests typically provide immediate BAC results.

• Blood tests, which usually require a warrant, detect alcohol, drugs, or medications.

• Urine tests are less frequent and mainly used for drug-related cases.

Refusal to these tests usually results in automatic license suspension and may lead to enhanced penalties or be used as evidence in court.

Thereafter, the offender faces arraignment, where charges are read, and a plea entered, typically guilty, not guilty, or no contest. Some states offer diversion programs emphasizing treatment over punishment. Some consequences come with a conviction.

Penalties and Consequences

There are criminal and civil penalties associated with a DUI conviction. Additionally, DUI or DWI has a long-term impact on the convicted individual.

Criminal Penalties

DUI and DWI convictions carry significant criminal penalties that vary significantly by state and the offender's history. A first-time offense is generally classified as a misdemeanor, often involving fines, probation, short jail terms, or alternative sentences, such as community service or electronic monitoring. Courts typically require alcohol education, substance abuse treatment, and victim-impact panels as conditions of sentencing.

For repeat offenders, penalties intensify from mandatory jail terms and increased fines to longer probation sentences. In many states, a third or fourth offense, or a DUI causing death or injury, or a high BAC can be prosecuted as a felony, leading to lengthy incarceration and permanent license revocation.

Administrative and Civil Penalties

Beyond criminal sentencing, states impose administrative penalties under implied-consent laws. A driver who fails or refuses chemical testing faces immediate license suspension or revocation, usually from 30 days to a year or more. Some states permit restricted or hardship licenses if the offender installs an ignition interlock device and completes a treatment program.

Civil and administrative penalties also include vehicle impoundment, plate confiscation, or significant administrative fees. Insurance providers typically classify offenders as high-risk drivers, leading to steep premium increases and SR-22 or FR-44 filing obligations.

Long-Term Impacts

The offense typically becomes part of a permanent criminal record as expungement is limited in many states, which may reduce one's chances for employment opportunities, especially in transportation, education, or government roles.

Additionally, individuals face travel restrictions to certain countries, difficulties in accessing professional licensing, and endure years of higher insurance costs.

Aggravating and Mitigating Factors

Aggravating factors are circumstances that increase the severity of a DUI/DWI charge and typically result in enhanced penalties or restricted judicial discretion. These include a high BAC, usually above 0.15% or 0.20%, prior DUI/DWI convictions, driving minors while under the influence, causing an accident resulting in death or injury, or refusing chemical testing.

These aggravating factors typically elevate a misdemeanor to a felony and can trigger enhanced sentences.

Conversely, mitigating factors can reduce penalties, support leniency during sentencing, or make the individual eligible for diversion programs. Courts may consider a low BAC, first-time offense, or voluntary participation in alcohol or rehabilitation as signs of accountability and low recidivism risk.

Demonstrating cooperation with law enforcement, completing a treatment program or community service, and personal hardship, such as employment or caregiving duties, can influence judicial leniency. These factors help the courts balance punishment with opportunities for rehabilitation and reintegration.

Expungement and Record Relief

Expungement and record relief offer individuals convicted of DUI or DWI a legal pathway to clear or restrict public access to their criminal records. Eligibility requirements vary by state and often depend on factors such as:

• The severity of the offense.

• Completion of probation.

• Absence of repeat violations.

• No subsequent criminal activity.

• The amount of time since the conviction.

Some states allow expungement for first-time or misdemeanor offenses, while others restrict it entirely. In California, for instance, a person convicted of DUI may petition to have the conviction expunged if they did not serve a state prison sentence, completed all terms of probation, and are not currently serving another sentence.

On the contrary, a DWI conviction cannot be expunged in Texas. Only acquittals or dismissed DWI charges may be expunged. However, a first-time DWI conviction in the state may be sealed, removing it from the public view but still accessible to law enforcement and certain government agencies.

Accessing DUI/DWI Case Records

Persons interested in accessing DUI/DWI records may obtain the documents online or offline.

Most court dockets, calendars, charging documents, minute entries, and final judgments in DUI/DWI matters are generally public records under state open records laws. This means that members of the public may view and obtain copies of basic information on DUI cases. However, certain records, such as those involving minors, sealed or expunged cases, or sensitive personal data, are restricted to protect privacy and comply with confidentiality laws.

How to Search Online

Many states provide online access through official judicial portals, allowing users to search by name, case number, or filing date. Most provide free docket summaries, while document downloads may incur a small fee. Federal DUI-related cases can be accessed through PACER(Public Access to Court Electronic Records).

Third-party databases also provide access to DUI/DWI information. Platforms such as the CourtCaseFinder aggregate publicly available court records from multiple jurisdictions into a centralized, searchable database, making it a convenient and reliable source for locating comprehensive case information, including DUI/DWI records.

While third-party databases may supplement searches, providing access to DUI/DWI records, users should verify the information against official court records. For records relating to administrative license suspensions, check your state's DMV or motor vehicle agency website.

How to Retrieve Records Offline

Certified copies may be requested at the Clerk of Court's office in the county where the DUI/DWI case was filed. Bring the case number, party name, valid identification, and applicable fees to retrieve the record. Clerks may process requests in person, by mail, or electronically.

FAQs About DUI/DWI in the U.S.

Here are answers to commonly asked questions about DUI/DWI in the U.S.