DUI - DWI - Drunk Driving Law


DUI Law - DWI Law - Drunk Driving Law


What is DUI / DWI law? This area of law deals with the criminal charges associated with operating a motor vehicle while under the influence of alcohol and/or drugs, and driving while impaired and/or intoxicated, commonly referred to as “drunk driving”. It is a subset of and overlaps with Criminal Defense law.

A driver may be charged with some form of drunk driving if he is caught driving or being in actual physical control of a vehicle while his/her blood alcohol content (BAC) is above the legal limit set by state law, which all states have now set no higher than .08. This is a criminal violation throughout all of the 50 U.S. states and Washington, D.C., as well as in most countries worldwide. Although most people associate DUI/DWI solely with drinking and driving, if a driver uses a combination of any controlled substance or chemical with alcohol, the consumption of which results in impaired mental faculties, this too can lead to DUI/DWI charges.

The penalties for a DUI/DWI conviction may vary greatly not only from state to state but from occurrence to occurrence. However, they are generally all very severe, and steadily increasing. These penalties can range from extensive fines to serving time in jail and loss of one’s vehicle and driving privileges. Additionally, first time offenders are often ordered to attend special alcohol education classes and/or AA meetings.

Many states are now adopting the use of ignition interlock devices, which test for alcohol on a driver’s breath and prohibit the car from starting if the driver’s BAC is above a very low preset amount (.02 to .04 usually). Individuals who already have one or more DUI/DWI convictions or with very high BAC levels are faced with even more severe penalties and legal consequences, sometimes double that of a simple first offense. These convictions can be very costly and have long range effects. Retaining a qualified DUI/DWI attorney is most often a good idea, if not essential.

DUI and DWI are arguably the most well known legal acronyms for drunk driving, but there exist many others which vary by state and degree of offense; they include the following: DUBAL, DUII, DUIL, DWAI, DWUI, OMVI, OUI, OUIL, OUIN, OWI, OWVI, AND UBAL.

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DUI and DWI Law - US

  • Alcohol Ignition Interlocks

    On August 22, 2007, the National Highway Traffic Safety Administration convened a meeting with representatives from the judicial system, including judges, prosecutors and parole officers, in Washington, D.C. to discuss the role of alcohol ignition interlocks in reducing drunk driving fatalities. Currently interlocks are used for 100,000 drunk driving offenders each year, or about an estimated 20 percent of those cases for which they could be prescribed. Of the 1.4 million impaired driving arrests each year, one third involve repeat offenders.

  • Alcohol Policy Information System

    The Alcohol Policy Information System (APIS) provides detailed information on a wide variety of alcohol-related policies in the United States at both State and Federal levels. Detailed, state-by-state, information is available for the 35 policies listed below. APIS also provides a variety of informational resources of interest to alcohol policy researchers and others involved with alcohol policy issues.

  • Blood Alcohol Concentration (BAC) Limits

    The Alcohol Policy Information System (APIS) provides detailed information on a wide variety of alcohol-related policies in the United States at both State and Federal levels. Detailed, state-by-state, information is available for the 35 policies listed below. APIS also provides a variety of informational resources of interest to alcohol policy researchers and others involved with alcohol policy issues.

  • Dangers of Drinking and Driving

    When putting those keys in the ignition and driving away after drinking you are not only putting your life at risk but you are risking the lives of all those you come across while driving.

  • DUI / DWI Laws

    All 50 states and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a proscribed level, 0.08 percent. The Insurance Institute for Highway Safety is an independent, nonprofit, scientific, and educational organization dedicated to reducing the losses — deaths, injuries, and property damage — from crashes on the nation's highways.

  • DWI / DUI Penalties

    The presentation of minimum penalties for repeat offenders for driving while intoxicated or driving under the influence.

  • Field Sobriety Testing

    The Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help police officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting effective testimony in court. Formal administration and accreditation of the program is provided through IACP.

  • Legal Drinking Ages around the World

    The legal drinking age for different countries varies dramatically, from zero to 21, as seen in the following table.

  • National College for DUI Defense

    The National College for DUI Defense, Inc. (NCDD) is a professional, non-profit corporation dedicated to the improvement of the criminal defense bar, and to the dissemination of information to the public about DUI Defense Law as a specialty area of law practice.

  • National Highway Traffic Safety Administration (NHTSA) - Impaired Driving

    NHTSA works to discourage impaired driving through a three-pronged strategy: high-visibility law enforcement with supporting communication campaigns; enhanced prosecution and adjudication; and medical screening and brief intervention for alcohol abuse problems. Special emphasis is placed on reaching high-risk populations; including those under age 21, those ages 21 to 34, repeat offenders, and high-BAC (blood alcohol concentration) offenders.

  • Sentencing Guidelines for DWI Offenders

    Traffic fatalities in alcohol-related crashes rose by 4 percent between 1999 and 2000 and stayed about the same between 2000 and 2002 (NHTSA, 2003a). Alcohol-related fatalities, however, had declined by about one-third between 1982 and 1993. The criminal justice system, the responsible Government agencies, and the public must pay more attention to the impaired-driving problem if improvement is to occur again.

  • Sobriety Checkpoints

    Fewer alcohol-related crashes occur when sobriety checkpoints are implemented, according to a report published in the December 2002 issue of Traffic Injury Prevention. This conclusion is based on a systematic review of research on sobriety checkpoints. The review was conducted by a team of experts led by CDC scientists, under the oversight of the Task Force on Community Preventive Services–a 15-member, non-federal group of leaders in various health-related fields.

  • Substance Abuse and Mental Health Services Administration (SAMHSA)

    SAMHSA, an agency in the Department of Health and Human Services, is the Federal Government's lead agency for improving the quality and availability of substance abuse prevention, addiction treatment, and mental health services in the United States.

  • Teenage Impaired Driving

    NHTSA works to discourage impaired driving through a three-pronged strategy: high-visibility law enforcement with supporting communication campaigns; enhanced prosecution and adjudication; and medical screening and brief intervention for alcohol abuse problems. Special emphasis is placed on reaching high-risk populations; including those under age 21, those ages 21 to 34, repeat offenders, and high-BAC (blood alcohol concentration) offenders.

  • Zero Tolerance DUI Laws

    Zero tolerance DUI laws enforce the fact that it is illegal, in every one of the United States, for anyone under 21 years of age to purchase or possess any beverage containing alcohol. The zero tolerance law mandates that any underage drinker who operates a vehicle with any amount of alcohol in his bloodstream is guilty of a DUI on a per se basis, regardless of whether or not the blood alcohol level is above the legal limit.

State Highway Safety Offices - DUI and DWI Laws

Organizations Related to DUI and DWI Law

  • Alcohol Problems and Solutions - Driving While Intoxicated (DWI/DUI) Law and Policy

    Public and educational policies and legislation designed to prevent alcohol abuse are evaluated here on the basis of scientific research evidence.

  • Governers Highway Safety Association

    Laws provide many tools to combat drunk driving. Administrative License Suspensions allow licenses to be seized during an arrest. States use .08 Blood Alcohol Concentration (BAC) to determine drunk driving, and many have increased penalties for drivers with high BAC levels. A federal program offers incentives to states that adopt open container and repeat offender laws.

  • Highway Safety Desk Book

    This book is intended for police leaders. After all, that's what you are—whether you call yourselves commanders, administrators, executives, or supervisors, you are, first and foremost, leaders. It is intended as a quick and practical compendium of information to assist you in asserting your leadership in one of policing's most important functions, Police Traffic Services.

  • MADD - Mothers Against Drunk Driving

    MADD was incorporated on September 5, 1980, the mission or purposes of MADD as stated in its Articles of Incorporation were “To aid the victims of crimes performed by individuals driving under the influence of alcohol or drugs, to aid the families of such victims and to increase public awareness of the problem of drinking and drugged driving.

  • National Institute on Alcohol Abuse and Alcoholism

    NIAAA provides leadership in the national effort to reduce alcohol-related problems by: * Conducting and supporting research in a wide range of scientific areas including genetics, neuroscience, epidemiology, health risks and benefits of alcohol consumption, prevention, and treatment * Coordinating and collaborating with other research institutes and Federal Programs on alcohol-related issues * Collaborating with international, national, state, and local institutions, organizations, agencies, and programs engaged in alcohol-related work * Translating and disseminating research findings to health care providers, researchers, policymakers, and the public

  • National Motorists Association

    The NMA supports drinking and driving regulations based on reasonable standards that differentiate between responsible, reasonable behavior and reckless, dangerous behavior. The NMA does not support "zero tolerance" concepts, nor does it endorse unconstitutional enforcement and judicial procedures that violate motorists' rights.

  • Stop Impaired Driving

    Impaired driving continues to be one of the deadliest crimes in America. This site is designed to provide you with information and resources to fight drunk and drugged driving in your community.

  • Underage Drinking Enforcement Training Center

    The Underage Drinking Enforcement Training Center was established by the Office of Juvenile Justice and Delinquency Prevention (within the U.S. Department of Justice) to support its Enforcing Underage Drinking Laws Program.

  • Visual Detection of DWI Motorists

    More than a million people have died in traffic crashes in the United States since 1966, the year of the National Traffic and Motor Vehicle Safety Act, which led to the creation of the National Highway Traffic Safety Administration, or NHTSA.

Articles on HG.org Related to DUI and DWI Law

  • What to Do if Pulled over for Suspicion of Driving under the Influence
    What do I do if I get pulled over and have had a little bit too much to drink and think I’m about to be arrested for driving under the influence?
  • Too Drunk to Fly? Federal Blood-Alcohol Limits for Pilots
    In January 2013, a pilot was arrested after failing a breathalyzer test in the cockpit. The pilot was about to take off with more than 50 passengers aboard the plane.
  • Driving Under the Influence of Intoxicants in Oregon
    A DUI in Oregon is actually a DUII, which stands for driving under the influence of intoxicants. Drivers who are found operating a vehicle with a blood alcohol concentration (BAC) of .08 percent or higher are considered legally drunk, whether they have shown impairment of driving abilities or not.
  • Texas DWI Traffic Crashes in 2011
    The Council on Alcoholism & Drug Abuse reports that approximately 16,000 alcohol-related traffic accident deaths occur every year in the United States. According to the Centers of Disease Control and Prevention (CDC) and the National Highway Traffic Safety Administration (NHTSA), alcohol plays a role in about one out of every three traffic fatalities.
  • Changes to Arizona DUI Penalties - Senate Bill 1200
    The state of Arizona has extremely harsh penalties for DUI convictions. Starting in 2012, the Arizona legislature passed a bill to lessen some of those penalties.
  • Daytime DUI Rising Across The Country
    Law enforcement officials agree that intoxicated driving during the day is a rising problem.
  • Underage Drug and Alcohol Risks
    As summer begins, so does the opportunity for teens and other underage people to try drugs and alcohol for the first time.
  • Ignition Interlock: A Simple Step Toward Preventing PA Drunk Driving Fatalities
    The National Transportation Safety Board (NTSB) recently recommended that all states require ignition interlock devices for first time drunk driving offenders.
  • Second-Time DUI Offender’s Prison Sentence Upheld on Appeal
    Under AB109, also known as the Criminal Justice Realignment Act of 2011, California began a policy to reduce its prison population to ease over-crowding. The overcrowding was deemed by the U.S. Supreme Court to constitute cruel and unusual punishment for the prisoners and thus a violation of the U.S. Constitution’s Eight Amendment ban against cruel and unusual punishment.
  • Michigan Implied Consent & Drunk Driving Laws: The Double Edge Sword
    The Michigan Implied Consent statute has the power of a double-edged sword when added to the fines, costs and jail-time handed out for a drunk driving conviction. If a driver refuses to consent to a chemical test, they face a mandatory 12 month suspension, and 6 points on their driving record.
  • All Criminal Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Criminal Law including: arson, assault, battery, bribery, burglary, child abuse, child pornography, computer crime, controlled substances, credit card fraud, criminal defense, criminal law, drugs and narcotics, DUI, DWI, embezzlement, fraud, expungements, felonies, homicide, identity theft, manslaughter, money laundering, murder, perjury, prostitution, rape, RICO, robbery, sex crimes, shoplifting, theft, weapons, white collar crime and wire fraud.