What is a DUI?

A DUI (Driving Under the Influence) is a criminal offense involving the operation of a motor vehicle while impaired by alcohol, drugs, or a combination of both. It is among the most commonly charged traffic crimes in the United States. Every state has its own DUI statute, but the core elements and consequences are broadly similar. **The legal standard ^[1][2] Under the laws of all 50 states and the District of Columbia, it is illegal to drive: - With a blood alcohol concentration (BAC) of 0.08% or higher** (the per se limit for most drivers) ^[1] - While actually impaired by alcohol or any drug, even if your BAC is below 0.08% - With a BAC of 0.04% if you hold a commercial driver's license (CDL) - With any detectable alcohol if you are under age 21 (zero-tolerance laws in most states) The 0.08% BAC standard was effectively nationalized when Congress conditioned federal highway funding on states adopting it. ^[1] **Penalties ^[2] A first-offense DUI is typically a misdemeanor, but it can be elevated to a felony if: - There was a prior DUI conviction (number of priors varies by state) - Someone was seriously injured or killed - A child was in the vehicle - Your BAC was significantly above the legal limit (e.g., 0.15% or 0.16%+ in many states) Typical consequences include: - Fines ($500–$2,000+ for first offense) - License suspension (90 days to 1 year for first offense) - Possible jail time (up to 6 months for misdemeanor first offense) - Mandatory DUI education or treatment programs - Ignition interlock device requirement - Increased insurance rates What to do if stopped for suspected DUI You have the right to remain silent beyond providing your name and license. However, most states have implied consent laws** — by driving on public roads, you consent to chemical testing (breathalyzer, blood test). Refusing a test typically results in automatic license suspension. *DUI laws vary significantly by state. Consult a licensed criminal defense attorney immediately if charged with a DUI.*