What Is a DUI in the United States – Laws, Consequences, and Legal Help

Driving under the influence (DUI) is when a person is driving while intoxicated over the legal limit in the country. Depending on their prior DUI status, a person may be counted as a misdemeanor the first time and a felony if they are repeat offenders.

The repercussions can be serious if a drunk person behind the wheel ends up injuring or killing someone on the road. Although many know it’s illegal to drive under the influence, they still do it and put other people’s lives at risk. To prevent accidents due to driving under the influence of alcohol, there are fines, jail time, and license suspensions. This puts fear in people’s minds about not driving when they are drunk.

Compliance with the laws and regulations can help one stay safe and avoid legal trouble. We’ll discuss the legal limits and what to do if you have a DUI case. We’ll discuss what happens when you get a DUI.

DUI vs. DWI: Understanding the Difference

As mentioned above, DUI is driving under the influence when a person is impaired enough to be behind the wheel to operate a car, bus, or truck, to name a few vehicles. The influence of drugs may also lead to such impairment. This is where driving while impaired (DWI) may come into play. However, both terms can be used interchangeably.

Even in DUI meaning law, federal laws do not distinguish between the two violations and treat them according to the circumstances. In some cases, DWI may also be more severe due to the use of illegal drugs and their possession.

Both DUI and DWI are similar but can be treated differently as per individual cases. The difference between DUI and DWI is dependent on the state. So, it often becomes more nuanced to understand the two.

Here are some important things to know:

• A DUI can be given even without a breathalyzer test in some states if an officer spots someone being impaired. Suspected alcohol or drug use can be termed DWI.
• In DWI, different types of drugs can be involved. The states that distinguish between the two DWIs are more serious than DUIs. Here, they will include illicit substances, medication, and recreational drugs.

DUI Names in Different States

Other names for DUI include:

• DWAI Driving While Ability Impaired (DWAI): Applicable in New York, Colorado.
• Driving with an Unlawful Alcohol Concentration (DUAC): Used in New York and Colorado.
• Operating under the influence (OUI): Often used in Iowa, Wisconsin, Michigan, and Indiana.
• Operating while intoxicated (OWI): Used in Massachusetts, Wisconsin, Connecticut, and Maine.
• Operating While Visibly Impaired: Used in Michigan.
• Driving While Impaired (DWI): Applicable in Texas. Both DUI vs DWI Texas are the same in this area.

Legal Limits and Sobriety Tests

Knowing the legal limit for driving in the United States is essential to ensuring you’re not risking anyone’s life. The legal age for drinking is 21 in the US. These legal limits are set so that the person can judge their intoxication level and not engage in impaired driving.

In case you’re wondering whats the legal limit of alcohol to drive is, the blood alcohol concentration (BAC) should be 0.08% for adults 21 and over. No amount of alcohol is exempt when it comes to minors driving under the influence. For underage drivers, the limit is 0 to 0.01%, which often means stricter consequences.

Even though the legal limit is set at BAC 0.08%, there are different rules for private and commercial vehicles. The limit is lowered to 0.04% for those driving commercial trucks, cars, and vans. The BAC level depends on a person’s weight, age, height, and gender. So, it is crucial to understand the amount of alcohol you can consume to fall under this legal limit.

Field Sobriety Tests

To know a person’s intoxication level, various field tests can be done along with a breathalyzer. These tests aim to observe a person’s behavior and determine if they are unfit to drive on the road.

If a person refuses to take the breathalyzer or blood test, it may constitute the first misdemeanor and have serious consequences. This is what happens if you refuse a field sobriety test. The consent laws state that getting a driver’s license means a person has to comply with the sobriety test when requested by the officer on duty.

Any refusal can lead to suspension or revocation of the license, penalties, fines, and jail time if it is discovered a person is DWI/DUI. For instance, not submitting to a breathalyzer test in Florida may lead to a one-year license suspension. This period may also vary depending on the state.

Apart from the breathalyzer, we’ll discuss more of these tests done to see impairment levels:

• Horizontal Gaze Nystagmus (HGN):  When someone’s drunk, the eye jerk may become even more exaggerated. So, this test assesses the involuntary jerking of the eyes as they follow a moving object. If there is more jerking than normal, the officer can confirm the person is impaired.

• Walk-and-Turn Test: This test is done to see the balance and ability to walk on instructions. It may show someone’s ability to drive. Any person who is impaired will struggle to do so. In this test, they have to walk a straight line, turn, and walk back.

• One-Leg Stand Test: A driver suspected of impairment must stand on 1 leg for a specified duration. This test also confirms the balancing ability, which is reduced when someone is drunk.

Consequences of Driving Under the Influence

The consequences of DUI charges are different for adults, minors, and commercial drivers. They may also depend on the severity of the case or if someone was hurt when the driver was impaired. The jurisdiction of the state may also impact the convictions.

The exact penalties will only be determined by the end of the case. Keep reading to know what are the consequences of driving under the influence.

We’ll discuss these penalties below:

1. Fine: These may range from a few hundred dollars to thousands of dollars. The typical range may be from $500 to $2000. So, DUI proves to be an expensive affair.
2. License suspension: A person can get their license suspended for up to a year on first offenses. The second suspension may last up to 18 months. For minors, the license can be suspended for up to six months if even 0.01% BAC is detected.
3. Ignition interlock device: The driver may have to install an ignition interlock (IID) on their car even after a first DUI offense.
4. Jail: A person can be imprisoned if the DUI case takes a serious turn. This includes repeat offenses, or minors driving. If a person drives when their license is revoked, they may get jail time between 5 and 180 days.
5. Mandatory counseling: A person may have to attend mandatory counseling sessions such as rehab, driving classes, and other educational programs to avoid alcohol use when traveling.
6. Community service: The Court may impose community service hours as a punishment for offenders so they do not repeat this behavior.
7. Probation: Any minor convicted in a DUI case must be placed on probation. There will be checks, such as regular blood and drug tests, scheduled.

A DUI conviction can lead to personal problems along with legal penalties. Many people may have to pay a high cost when getting insurance, as getting a DUI makes them a high-risk individual. Their premium may rise by 50-200%.

The Far-Reaching Consequences of a DUI Conviction

A DUI conviction might have a lasting impact on your record. In most states, the record may last for 5-10 years. Rhode Island is among the most lenient states regarding DUIs within 5 years. In addition, South Dakota has held the record for 10 years.

On the other hand, in some states, it may stay for a long time. The record has stayed on for 75 long years in Florida. In Maryland, a DUI conviction means a permanent criminal record.

A record of a DUI misdemeanor or felony may lead to job loss. A person may be unable to find a new job due to this record and the social stigma attached. In several employment contracts, it is mandatory to disclose such convictions.

So, this may have a negative impact on your profile. Moreover, your personal life at home and with friends may also suffer once you have such legal problems.

DUI Penalties: Misdemeanor vs. Felony

Driving under the influence offenses are either a misdemeanor or a felony. The change in circumstances surrounding the DUI makes it so. This also changes the implications, fines, and other penalties due to the DUI charges. Knowing the difference between the two is essential when dealing with these consequences.

Misdemeanor DUI

A misdemeanor DUI in the United States is due to the first offense and is minor. There are no aggravating factors such as damage, property damage, or injuries due to the DUI. For it to be a misdemeanor, the driver should not have had any prior DUIs in the past ten years or felony DUI convictions.

In a misdemeanor, the penalty may range from fines to up to one year in county jail. Another impact of misdemeanor DUI is increased insurance rates (high premium) and a criminal record, depending on what state you are in.

Felony DUI

Felony DUI is a serious offense with more fines and jail time. First, let’s understand is a DUI a felony.

If a driver has prior DUI charges and a history of reckless driving, it can become a felony DUI. Several factors can change the DUI into a felony, including high BAC, causing damages and injury, and prior convictions.

High BACs, such as 0.15% or 0.20%, can lead to aggravated DUI and be classified as a felony. For those who are the cause of damages and injuries, even their first DUI can become a felony. They may be charged with vehicular manslaughter in some jurisdictions.

The penalty for a felony DUI may depend on the severity of the damage. It may include a fine of a few thousand dollars and at least one year in state prison.

DUI and Different Vehicles

The DUI laws are there to ensure road safety and discourage drivers from being impaired while driving. Keeping in mind road safety, these laws apply to all vehicles on the road. These include cars, trucks, bikes, and even bicycles in some states. Regardless of the type of vehicle, the consequences depend on the situation that may arise due to a DUI.

Driving a car or a truck under the influence is among the most common ones with serious fines and repercussions. The license may be suspended, and the driver will have to attend mandatory education programs.

If you’re wondering, can you get a DUI on a bike, the answer is yes. When a person is riding a motorcycle under the influence, they can face similar penalties as they are still putting others in danger. Sometimes, the penalties are even more strict, considering how common motorbike incidents are.

A person may have to pay higher fines and have their license suspended for years. DUI laws for non-motorized vehicles like bicycles, electric scooters, and carriages may remain the same if someone is reckless while impaired. It may also have another charge along with DUI, depending upon the state.

Seeking Legal Help for DUI Cases

When facing a DUI, it’s important to get the right legal help so that you can protect your rights and receive a favorable outcome. The DUI lawyer will understand your situation and help you comply with the state laws.

They may also help negotiate a plea bargain or get a less severe sentence. It is wise to hire a reputable and experienced attorney. Moreover, the attorney will be aware of any important changes in the laws and regulations for your case.

The attorney will carefully review the police reports and examine the breathalyzer results. They will see if the breathalyzer was poorly calibrated or if the prosecution’s case has loopholes.

They will represent you in court and ensure law enforcement follows proper protocols to protect your rights. Look for a DUI lawyer near me, when choosing an attorney nearby

Below are some tips when hiring a DUI lawyer:

• Look for an attorney specializing in DUI cases and with years of experience with similar cases.
• Check out their reviews/client testimonials online and ask people around if you’re hiring a local attorney.
• During your initial consultation, assess their level of expertise, discuss your case, and ask questions.

Here are some questions you can ask the attorney:

• What is your approach when defending DUI cases?
• How will you represent me in this case?
• What is your strategy for my specific case?
• Can you explain all the potential outcomes of my case?
• Have you successfully negotiated plea deals in the past?

Conclusion

DUI laws are complex, and the penalties change depending on a specific case. Understanding and following the laws is necessary to avoid legal troubles and be safe on the road. DUIs often lead to criminal records, heavy fines, and license suspensions.

In some cases, you may even have to go to jail. If you have a DUI charge, consulting with an attorney to discuss your case is ideal. Besides, the best thing is to not drive when impaired to avoid all the harsh consequences.