In every state it’s illegal to drive while under the influence of drugs, alcohol, or any combination of these. However, the laws and penalties vary by state. And while the universal term for the crime is “DUI” (driving under the influence), many states also use other terms such as “DWI” (driving while intoxicated or impaired), “OUI” (operating under the influence), “OWI” (operating while intoxicated), and “DWAI” (driving while ability impaired). See below for important information about DUI law, including the law in your state.
What it means to be charged with DUI (driving under the influence of drugs or alcohol) or DWI (driving while intoxicated).
Learn about arraignment, plea bargaining, and your options for dealing with your DUI or DWI charge.
Learn what the legalization and decriminalization of weed mean for state DUI/DWI laws.
A driver whose license is suspended or revoked for a DUI or having too many tickets may be able to get a “hardship” or “restricted” license for driving to and from certain places.
A DUI car accident comes with a number of negative consequences, and car insurance rates and "insurability" will surely be impacted.
The legality of CBD and what state DUI laws say about driving with CBD in your system
Find out when and why you'd be better served pleading guilty rather than fighting your DUI.
What happens if you choose to fight your drunk driving charge at trial?
Read about the two distinct charges associated with a drunk driving case.
How a having drugs or alcohol in your system can get you convicted of driving under the influence (DUI) even if you weren't actually drunk or high.
The penalties for a DUI conviction depend on whether you have a prior conviction. However, in some states, prior convictions stay on your record only for a certain amount of time.
Whether you can be convicted of a DUI for sleeping drunk in your car depends on the state you live and the circumstances of your case. Some states require proof of actual driving, while others allow DUI convictions even if the car was never put in motion.
Learn about the reliability of breathalyzer, blood, and urine tests for DUIs and DWIs.
Find out about what BAC means in terms of DUI law.
When DUI implied consent laws require drivers to submit to blood, breath, or urine testing, and the consequences a driver faces for refusing a test.
The penalties for DUI (driving under the influence) and DWI (driving while intoxicated) offenses can be very serious.
Will you need to hire an attorney to handle your DUI or DWI case? What about the public defender?
Medical conditions, like diabetes, epilepsy, and vertigo, can cause DUI-like behavior and lead to mistaken arrests.
As with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) is presumed innocent until proven guilty through the defendant's own plea or after a jury trial. Any penalty will depend on state law, as well as circumstances, such as the presence of an open bottle of liquor in the car and the defendant's cooperation with the police.
Whether a DUI conviction will lead to jail time depends on the circumstances, including whether the driver has prior DUI convictions and the driver's blood alcohol concentration (BAC).
Generally, a DUI/DWI is considered a crime rather than a traffic infraction. Most standard DUIs are misdemeanors, but under certain circumstances, a DUI can also be a felony.
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At Nolo, we prioritize quality and transparency because we know how important reliable legal information is to our readers. Our information is meticulously researched, regularly updated, and written in plain English by our experienced writers and editors. Learn more about our editorial standards.