{"id":286725,"date":"2016-04-04T10:45:08","date_gmt":"2016-04-04T15:45:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/charges\/types-of-dui.html"},"modified":"2025-07-21T09:57:06","modified_gmt":"2025-07-21T14:57:06","slug":"types-of-dui","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/charges\/types-of-dui.html","title":{"rendered":"Types of DUI Charges"},"content":{"rendered":"\n
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Types of DUI Charges<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. 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<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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DUI charges<\/span> are criminal offenses<\/span> for driving under the <\/span>influence<\/span> of alcohol<\/span> or drugs, with penalties varying by state and circumstances. These charges include misdemeanor first offenses<\/span>, felony cases with aggravating factors, and specialized categories like commercial driver violations. Understanding the different types helps drivers recognize the serious legal consequences and potential defenses available.<\/p>\n\n <\/div>\n\n\n\n

All states have laws that address driving under the influence of alcohol and drugs (DUI). These laws come with varying penalties and enforcement mechanisms.<\/p>\n

For instance, states use different types of DUI charges and can even define DUI differently. Understanding these distinctions is crucial because DUI laws are not limited to motor vehicles. A DUI criminal defense attorney<\/a> can help you understand your case, establish a legal defense, and protect your rights.<\/p>\n

This article provides an overview of DUI charges and related legal issues. Each subsection below provides helpful information about different types of DUI charges. You’ll also find links to other FindLaw articles that discuss the different types of DUI charges<\/a> in more detail.<\/p>\n

How State DUI Laws Categorize Charges<\/strong><\/h2>\n

Each state has criminal laws around driving while intoxicated, and state laws may use different terms for these offenses<\/a>. States refer to factors like blood alcohol concentration (BAC) to determine the specific charges against a driver.<\/p>\n

Blood Alcohol Content and Legal Limits<\/h3>\n

Most states have both “per se” DUI charges and impairment-based charges.<\/p>\n

Per se intoxication laws<\/a> establish a legally recognized BAC level at which the laws consider a person as legally intoxicated. All states have set legal limits for BAC, typically 0.08% for adult drivers of vehicles.<\/p>\n

Implied consent laws assume that drivers agree to undergo chemical testing when lawfully stopped by law enforcement officers. Chemical tests include a breathalyzer<\/a>, a blood test, or a urine test. If the test result shows you are at or above the per se level allowed by law, you automatically face DUI charges.<\/p>\n

Many states also allow a person to be charged with a DUI even if they are below the legal limit, if there’s evidence that their driving ability is impacted by drugs or alcohol. In some cases, there will be a lower tier charge for a certain BAC level (such as 0.05%). Or the state might bring charges against anyone who is visibly impaired, regardless of their BAC.<\/p>\n

Terms for Intoxicated Driving\u00a0<\/h3>\n

The most common terms in state laws include:<\/p>\n