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DUI / DWI
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.
Articles on DUI / DWI
Articles on DUI / DWI
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What it means to be charged with DUI (driving under the influence of drugs or alcohol) or DWI (driving while intoxicated).
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Dealing With a DUI or DWI Charge
Learn about arraignment, plea bargaining, and your options for dealing with your DUI or DWI charge.
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Can You Get a DUI for Driving High If Marijuana Is Legal?
Learn what the legalization and decriminalization of weed mean for state DUI/DWI laws.
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Getting a Hardship or Restricted License to Drive While on a Suspended License
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.
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How Will a DUI-Related Accident Affect My Car Insurance?
A DUI car accident comes with a number of negative consequences, and car insurance rates and "insurability" will surely be impacted.
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Am I Allowed to Drive After Taking CBD?
The legality of CBD and what state DUI laws say about driving with CBD in your system
DUI Trials
DUI Trials
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Should You Plead Guilty or No Contest to a DUI Charge?
Find out when and why you'd be better served pleading guilty rather than fighting your DUI.
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What happens if you choose to fight your drunk driving charge at trial?
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"Standard" DUI/DWI Charges: What the Prosecution has to Prove
Read about the two distinct charges associated with a drunk driving case.
Questions on DUI / DWI
Questions on DUI / DWI
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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.
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How Long Will a DUI Conviction be on my Record?
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.
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Can I Get a DUI for Sleeping in My Car While Drunk?
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.
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DUI and DWI Tests for Alcohol or Drugs: Are They Accurate?
Learn about the reliability of breathalyzer, blood, and urine tests for DUIs and DWIs.
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Find out about what BAC means in terms of DUI law.
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DUI Implied Consent Laws and Chemical Testing
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.
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See More Fighting a DUI/DWI Charge Articles![]()
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DUI Defenses: How to Fight a Drunk Driving Charge
The penalties for DUI (driving under the influence) and DWI (driving while intoxicated) offenses can be very serious.
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When Do You Need a Lawyer for a DUI/DWI Charge?
Will you need to hire an attorney to handle your DUI or DWI case? What about the public defender?
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See More DUI/DWI Sentencing and Penalties Articles![]()
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DUI or DWI Punishments and Penalties
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.
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Will I Have to Serve Jail Time for My DUI/DWI?
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).
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Is a DUI/DWI a Felony Offense?
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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