DUI and DWI Overview

Drunk or drugged driving is commonly referred to as DUI (driving under the influence) or DWI (driving while intoxicated or driving while impaired). This article uses the term "DUI" when describing drugged and drunk driving offenses in general. Below is some basic information about how DUI offenses are defined and the possible consequences of a DUI.

DWI vs. DUI: What "Driving Under the Influence" Means

For the most part, DWI and DUI are interchangeable terms that people use for drunk or drugged driving offenses. But states use all kinds of other names, including operating under the influence (OUI), driving while visibly impaired (DWVI), operating while impaired (OWI), and more. Some states might use different names for different offenses. For instance, Maryland uses DUI (driving under the influence) for one offense and DWI (driving while impaired) for a slightly less serious offense.

Besides using different names, states have different definitions for drunk and drugged driving offenses. These definitions inform drivers of exactly what's illegal and outline what prosecutors must prove to get a DUI conviction in court.

Whether they use DUI, DWI, or another name, the laws of all states follow the same basic structure and require proof that the person was operating a vehicle and under the influence. However, these two parts of a DUI charge aren't always as straightforward as they appear.

What Counts as a Vehicle Under DUI Laws?

Some states require a vehicle to be a motor vehicle for a DUI conviction, while others allow a DUI conviction for nonmotorized vehicles like bicycles. Several states also have laws that define a "vehicle" for DUI purposes as including electric scooters and e-bikes.

Operating a Vehicle

Some state DUI laws—including California's—make it illegal to "drive" while under the influence. In other words, to be convicted, the motorist must have actually put the vehicle in motion.

However, the DUI laws of most states—like in Nebraska—not only prohibit driving but also "being in actual physical control" of a vehicle while under the influence. Under this definition, you can get a DUI even if your vehicle never actually moves. In some states, operation can include sitting in the driver's seat with the keys accessible and the engine off. The specifics of state laws differ. But the aim of these laws is to allow law enforcement to arrest an impaired motorist who hasn't yet put the car in gear but is in a position to do so.

Under the Influence

All states essentially have two types of DUI laws—impairment and per se laws. In other words, you can be convicted of a DUI:

• based on being actually impaired by drugs or alcohol, or
• for being "per se" under the influence based on the concentration of alcohol or drugs in your system.

The level of impairment that qualifies as "under the influence" differs by state. Some states require proof of substantial impairment, while other states require proof of only slight impairment.

Generally, you can get a per se DUI for having a blood alcohol concentration (BAC) of .08% or more (.05% or more in Utah). And many states—like Washington—also have per se drug DUI laws. States typically have lower limits for commercial drivers and drivers under 21 years old.

The Consequences of a DUI Conviction

Unlike most other driving-related violations, DUIs are generally considered criminal offenses. Most DUIs are misdemeanors, but offenses that involve significant aggravating factors can be felonies. Aggravating factors that can result in felony charges or higher penalties for a misdemeanor charge include:

• having a child passenger in the vehicle
• having prior DUI convictions
• causing injury or death, and
• having an extremely high BAC.

DUIs tend to carry heavy penalties that typically include license suspension, expensive fines, and possible jail time. Many states also require substance abuse evaluation and treatment for DUI offenders. It's also becoming more common for state DUI laws to require convicted motorists to use ignition interlock devices (IIDs) for a period of time following license reinstatement.

Getting Help From a DUI Lawyer

Anyone accused of DUI should contact a lawyer with experience in this area of law. Even if you don't hire a lawyer to represent you, a consultation can be tremendously helpful. A knowledgeable local lawyer should be able to advise you of the law in your state, the local prosecuting office's plea bargaining tendencies, and the implications for your driver's license. A lawyer can also explore potential defenses.