After a motorist is arrested on suspicion of driving under the influence (DUI), it's up to the district attorney's office to file charges.
By Lark Lewis, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed December 18, 2024
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In an average year, over one million drivers will be arrested by law enforcement officers for driving under the influence of alcohol or drugs. The charges for a DUI are based on the circumstances, federal laws, and nuances in state laws.
The exact nature of criminal charges related to drunk driving depends on several factors. These factors include:
This article covers the basics of a DUI offense and how a felony DUI differs from a misdemeanor DUI charge. It also addresses various types of drunk driving offenses and the elements of a standard DUI offense. Check out FindLaw's Guide to DUI Charges for a printer-friendly reference about these charges.
Each state has varying statutes covering DUI charges. However, there are common elements authorities must prove to obtain a drunk driving conviction. First, states must classify what driving under the influence means under the law. Generally, this is understood as poor or impaired driving, such as swerving or an accident, combined with the presence of alcohol in the driver.
Some states, however, have laws regarding per se DUI offenses. That means you can still be convicted of a DUI, even if you were driving fine, if your blood alcohol content (BAC) is above the established legal limit.
The next major elements of a DUI offense are driving and intoxication. While it may seem straightforward to prove you were driving a motor vehicle, there are some gray areas. These can arise when:
Proving intoxication can be difficult, too. Often this factor comes down to police officer testimony about the condition of the driver or the results of a urine or blood test.
Not all DUI cases are the same. A standard drunk driving charge can quickly escalate if certain factors are present. For instance, a typical DUI charge can become an automatic felony if you're driving on a restricted, suspended, or revoked license, or if you have a prior DUI conviction.
Charges and penalties can also increase if there are aggravating factors. Aggravating factors can include:
Refer to your state's laws governing DUIs to learn more about possible charges and penalties.
The National Highway Traffic Safety Administration (NHTSA) estimates that roughly 40 percent of all U.S. traffic deaths are alcohol-related to some extent.
This article covers a range of issues about impaired driving. Topics include what impairment means and how DUI laws first came into existence. The article also addresses when state DUI laws became uniform.
The law assumes impairment if a motorist has a blood-alcohol concentration (BAC) of at least 0.08%. Some states consider any amount of certain drugs in the bloodstream as impairment.
New York became the first state to enact drunken driving laws in 1910. California and a handful of other states followed one year later. But, none of these states' statutes defined what it meant to be drunk or impaired. Instead, proof of intoxication was left to the arresting law enforcement officer's observations. Instead, the arresting law enforcement officer's observations decided proof of intoxication. These early laws weren't very enforceable.
States realized they needed a fair way to measure a driver's impairment. The solution came with the invention and enthusiastic adoption of the "Drunk-o-meter" in 1938. This breath test device measured the amount of alcohol in a person's breath. This device was a predecessor to the more familiar Breathalyzer test.
The following year, Indiana became the first state to establish a BAC limit (at .15 percent, nearly twice the current limit). As BAC-monitoring technology steadily improved, other jurisdictions began setting their blood alcohol content limits to enforce drunk driving laws.
States with impaired driving laws were strongly encouraged by the American Medical Association and federal agencies to set BAC levels at 0.15 percent or lower. But, states were free to establish their guidelines. States also had different drinking ages. These ages ranged from 18 to 21. Research showed that higher drinking ages correlated with lower drunken driving rates.
Since the penalty for noncompliance was losing millions of dollars in federal highway funds, all states eventually fell in line. In 2013, the National Transportation Safety Board suggested lowering BAC limits to 0.05 percent. This suggestion wasn't adopted.
Criminal charges, especially drunk driving charges, can carry severe penalties. An experienced DUI lawyer can help you understand DUI laws and DUI penalties after a DUI arrest. Whether you're dealing with a first offense or second offense as a repeat offender, a defense attorney can assist you in negotiating an appropriate plea bargain or crafting a criminal defense at a possible trial.
Since a DUI or driving while intoxicated (DWI) conviction can lead to possible jail time and a driver's license suspension or revocation, it's important to take the charges against you seriously. Losing your driving privileges or having to perform community service can impact other areas of your life. Contact an attorney today to learn about driving laws in your jurisdiction.
A DUI conviction can lead to steep fines, community service, loss of your driver's license and driving privileges, and even jail time. Since the stakes are relatively high, it pays to have a DUI attorney handle your DUI offense. A defense attorney can help you avoid a lengthy license suspension or license revocation and other DUI penalties by helping you with your criminal defense. Whether you're facing a first offense misdemeanor or a repeat offender, an attorney can help you with your DUI case following your DUI arrest.
