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DUI Laws


Offenders of drinking and operating a motor vehicle face serious consequences in the United States. In some states drunk driving can be described as driving under the influence (DUI), driving while intoxicated (DWI), operating while intoxicated (OWI), operating under the influence (OUI), or operating a motor vehicle while intoxicated (OMVI).

All fifty states have per se laws outlining it as a crime to operate a motor vehicle while having a blood alcohol concentration (BAC) of 0.08 percent or higher. Zero tolerance laws are in effect in every state, which applies to all drivers including those less than twenty one years of age. An individual charged with drunk driving and still have any amount of alcohol in the system can be arrested for driving drunk. Each state imposed different penalties, but it is probable to anyone under twenty one years of age to bear the same penalties as an adult.

If convicted of drunk driving, license suspension and/or revocation usually follow. At present, all states have administrative license suspension laws, which allow police officers to confiscate licenses when an individual is arrested, charged with drinking and driving, and/or fails or refuses to take a chemical test.

Most states have passed laws that prohibit driver and passengers from having an open container of alcohol inside a motor vehicle. Implied consent law is also in place in all states. Implied consent law refers to the individual’s impliedly consenting to submit to BAC and field sobriety tests when the said individual obtained his/her driver’s license. Serious consequences including revocation of driver’s license confronts those who refuse.

DUI Penalties and Punishments

  • Punishment for repeat offenders usually involves vehicle confiscation permanently or for a short term period and can involve major expense for fines and administrative fees.
  • A DUI option in many states involves installing an ignition interlock to the vehicle of the convicted DUI offender and includes payment for installation and maintenance of the equipment.
  • Prosecution under civil law for property damages.
  • A DUI conviction may include confiscation of vehicle and/or suspension of registration
  • Rather than serving a sentence of detention or paying fines; alcohol counseling or alcohol abuse treatment/evaluation can be required for DUI offenders in many states.
  • Some states have DMV value points against the license, when a certain number of points are reached, the driver may confront a harder punishment such as suspension of license.
  • Compulsory imprisonment and/or fines, probation and/or community service.
  • Zero tolerance laws for individuals less than twenty one years of age may lose their driver’s license and may be tried as an adult once the offense is serious enough.
  • Drivers with a blood alcohol concentration in excess of a state’s allowed level or refusal to implied consent laws to give breath, blood, or urine testing for blood alcohol content are subject to minimum mandatory punishment.