The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
If you’re arrested for drinking and driving or using drugs while driving, it’s critical you understand the laws of the state where you were arrested. Additionally, it’s important to find and understand DUI-related national and local resources, including:
Diversion options
Treatment programs
Lawyers who can defend you
FindLaw’s DUI Laws & Resources section has the legal information and resources you need to understand your rights and the potential consequences of a DUI charge. The linked materials below can also help you find an experienced DUI attorney in your area.
This section and the linked materials above provide information on:
“Per se” DUI laws
Underage drunk driving
DUI law comparisons by state
Suspended license reinstatement
Tools for hiring a DWI/OWI lawyer
State DUI Laws
Drinking and driving is illegal in all 50 states. The reasons are obvious: drunk driving kills and disables many people every year. But, even if you didn’t harm anyone or yourself, you can still be arrested and potentially found guilty of a DUI.
If someone is harmed, liability may extend beyond the intoxicated driver—the bar or liquor store that served the driver could be liable under “dram shop” laws.
The terminology for DUIs varies by state. Depending on the state, the legal charge for drunk driving is called:
Driving Under the Influence (DUI)
Driving While Intoxicated (DWI)
Operating a Vehicle While Intoxicated (OWI)
The terminology isn’t the only variable: the blood-alcohol level that is considered “per se” intoxicated and the penalties for DUI-related crimes vary by state. If you’ve been arrested for a DUI, it’s crucial you understand the laws where you were arrested. The section "DUI Laws by State" near the beginning of this article contains links to the DWI laws and penalties for each state and the District of Columbia.
Using a DUI Attorney
If you’ve been arrested for a DWI-related crime and haven’t been involved in the criminal justice system before, you may be unsure about hiring a lawyer. But, working with a criminal defense attorney can be crucial for minimizing consequences and the long-term impact a drunk driving charge can have on your life.
If you work with an attorney, you can explain what happened during your arrest and the events leading up to it. Your attorney can help you provide documentation and attend trial or make the decision to plea. While they can’t make these decisions for you, an experienced lawyer in your area will explain your options and possible defenses so you can make an informed decision.
You have a legal right to representation in criminal court. If you can’t afford an attorney, the court will appoint you a public defender. If eligible, you can request an attorney for low-income defendants from the court.
Was this helpful?
Can I Solve This on My Own or Do I Need an Attorney?
Complex DUI situations usually require a lawyer
DUI defense attorneys can challenge Breathalyzer/Intoxilyzer or blood test results
A lawyer can seek to reduce or eliminate DUI penalties
A lawyer can help get your license back
Get tailored advice and ask your legal questions. Many attorneys offer free consultations.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Or contact an attorney near you:
SPONSORED
Next Steps
Contact a qualified DUI attorney to make sure your rights are protected.
