Drunk driving remains one of the most serious problems currently plaguing the United States. According to the Centers for Disease Control and Prevention, 10,265 people died in drunk driving incidents in 2015, which accounted for almost a third of all traffic-related deaths in the country.

The CDC estimates that 28 people die in motor vehicle crashes involving an alcohol impaired driver every single day. That is roughly one preventable death every 51 minutes. Even those crashes that do not lead to deaths have a severe cost on the country’s economy. The annual cost of drunk driving accidents amount to over $44 billion.

In order to take a stand against the growing problem of alcohol-impaired driving, states have implemented various laws to prevent and punish drunk driving. Enforcing DUI laws has become one of the most effective means of reducing incidences of drunk driving. Let’s take a closer look at DUIs and the potential penalties involved.

What Does DUI Mean?

DUI stands for “driving under the influence.” Terms vary from state to state. Some states refer to alcohol-impaired driving incidences as DWIs (driving while intoxicated), while others refer to them as OWIs (operating a vehicle while intoxicated). Other variations include DWAI (driving while ability impaired) and DUII (driving under the influence of intoxicants). All of these generally speak to the same crime of driving a vehicle while under the influence of alcohol and, more recently, certain drugs.

DUI vs. DWI vs. OWI: Understanding the Differences

While these terms are often used interchangeably, some states make legal distinctions:

DUI (Driving Under the Influence): Used in most states to describe impaired driving
DWI (Driving While Intoxicated): Used in states like Texas, New York, and Minnesota
OWI (Operating While Intoxicated): Used in states like Wisconsin and Iowa
DWAI (Driving While Ability Impaired): Used in some states for lower-level impairment charges

The specific terminology doesn’t change the seriousness of the offense, but understanding your state’s terminology is important for legal proceedings.

What is a DUI?

All 50 states in the country have DUI laws, all of which consider your blood alcohol concentration to determine your level of alcohol impairment. All states set 0.08 percent BAC as the legal limit for driving under the influence. Commercial drivers can be charged with a DUI with a blood alcohol concentration of 0.04 percent or higher. Most states also have zero tolerance laws for young drivers under the legal drinking age, meaning anyone younger than 21 found with any amount of alcohol in their system may be arrested for a DUI.

How BAC is Measured and What It Means

Blood Alcohol Concentration (BAC) is measured as a percentage of alcohol in your bloodstream. Here’s what different BAC levels typically mean:

0.02-0.03%: Slight mood elevation, relaxation
0.04-0.06%: Feeling of well-being, lowered inhibitions, minor impairment
0.07-0.09%: Slight impairment of balance, speech, vision, reaction time
0.10-0.12%: Significant motor impairment, loss of good judgment
0.13-0.15%: Gross motor impairment, lack of physical control
0.16% and above: Potentially life-threatening, severe impairment

Even at the legal limit of 0.08%, your risk of being in a fatal crash is significantly increased compared to sober driving.

Drug-Related DUI Charges

Modern DUI laws extend beyond alcohol to include:

Illegal Drugs

Marijuana, cocaine, heroin, and other controlled substances can result in DUI charges regardless of the amount in your system.

Prescription Medications

Even legally prescribed medications can lead to DUI charges if they impair your ability to drive safely. Common culprits include:

Pain medications (opioids)
Anti-anxiety medications (benzodiazepines)
Sleep aids
Muscle relaxants

Over-the-Counter Medications

Some OTC medications, particularly those causing drowsiness, can also result in impairment charges.

Understanding Felonies and Misdemeanors

Felonies and misdemeanors are two different categories of crime with different associated penalties. Misdemeanors are reserved for less severe, usually nonviolent crimes, which may include:

Petty theft
Shoplifting
Trespassing
Vandalism
Disorderly conduct

Misdemeanors generally won’t have more than a year of jail time, usually served in a local county jail. Along with jail time, punishments for misdemeanors usually involve fines and probation. Misdemeanors generally don’t have any extensive effect on your civil liberties.

Felonies are the most severe crime and often include any crime involving physical violence or actions that have caused extreme psychological harm, such as:

Battery and aggravated assault
Robbery
Murder or manslaughter

Felonies usually result in over a year of prison time in a high security state prison. Felons also have to give up various civil liberties even after serving their penalties, including:

The right to hold office
The right to vote
The right to serve on a jury
The right to own and operate a firearm

The distinction between misdemeanors and felonies gets even hazier with “wobbler” crimes. Certain crimes are colloquially known as “wobbler” crimes, which simply means that they can be charged as misdemeanors or felonies based on any aggravating factors in the case and the prosecutor’s discretion. Prosecutors have a great deal of flexibility in deciding crimes to charge and how they are punished. In some states, the line between felony and misdemeanor simply comes down to the punishments and jail time involved.

Is a DUI a Felony or Misdemeanor?

So then, is a DUI a misdemeanor or felony? In a word, both. In all 50 states, a first offense DUI conviction without any aggravating factors is tried as a misdemeanor. A large majority of DUIs are considered misdemeanors. This often means a more simplified process. Misdemeanor DUIs do not, for instance, require a preliminary hearing or a grand jury. After the arrest, charge, and arraignment, misdemeanor DUIs proceed to a pretrial conference. If the case does not reach a plea agreement during the pretrial, it proceeds to a trial.

However, DUIs can be charged as felonies under certain conditions, most commonly:

A fourth DUI in ten years – This is often a discretionary charge, meaning the prosecution can still charge you with a misdemeanor, but your fourth DUI can be charged as a felony, even if the previous DUIs were misdemeanors or you had a previous DUI expunged.
A DUI that results in serious injury to someone else – This essentially shows that your negligence has potential to cause damage to those around you. Serious injuries do not necessarily have to mean brain damage or paralysis but may include broken bones, deep lacerations, disability, and permanent scarring. The victim simply needing to receive medical care may be considered a serious injury.
A DUI resulting in death – Motorists who are driving under the influence and cause a fatal accident will be charged with vehicular manslaughter. To be charged with vehicular manslaughter, the prosecution must prove that you:
- Drove under the influence of drugs or alcohol
- Committed the act under gross negligence
- Killed someone as a result of that negligence
- Committed a misdemeanor or infraction that was likely to lead to death
Driving under the influence with a minor passenger in the vehicle – This shows further negligence as you are endangering the life of a child.
A prior DUI felony – If you have been charged with a prior DUI felony, any future DUI will also be considered a felony, regardless if you caused any injuries or fatalities or had any other aggravating circumstances.

All of these factors show a general disregard for other people’s lives.

Felony DUIs involve more intensive legal proceedings. You will likely have to go through several court meetings before the actual trial.

The DUI Arrest Process: What to Expect

Understanding the typical DUI arrest process can help you know what to expect:

Initial Traffic Stop

Police must have reasonable suspicion to pull you over, such as:

Erratic driving patterns
Traffic violations
Equipment violations
Sobriety checkpoints

Field Sobriety Tests

Officers may administer standardized field sobriety tests:

Horizontal Gaze Nystagmus (HGN): Eye movement test
Walk-and-Turn: Balance and coordination test
One-Leg Stand: Balance test

Preliminary Breath Test (PBT)

A roadside breath test that provides preliminary BAC readings. Results may not be admissible in court but can establish probable cause for arrest.

Arrest and Chemical Testing

If arrested, you’ll be required to submit to chemical testing (breath, blood, or urine) at the police station or medical facility.

Booking and Release

Processing at the police station, including fingerprinting, photographing, and either release on bail or own recognizance.

What are the Penalties for a DUI?

Penalties for a DUI can differ from state to state and based on the individual case. Almost all misdemeanor DUIs may involve a combination of:

Jail time
License suspension, revocation, or cancellation
Fines
License reinstatement fees
Court costs and legal fees
Enrollment in an alcohol or drug treatment program
Installation of an ignition interlock device (car breathalyzer)
Community service

Enhanced Penalties for Aggravating Factors

Many states impose enhanced penalties for certain aggravating factors:

High BAC: BAC of 0.15% or higher often results in increased penalties
Refusal to Test: Refusing chemical testing typically results in automatic license suspension
Minor Passengers: Having passengers under 16 can result in enhanced charges
School Zone: DUI in a school zone may carry additional penalties
Accident Involvement: DUI accidents, even without injury, often result in enhanced penalties

Most states will also require you to undergo evaluation of your drinking patterns and behaviors. Based on the results of the evaluation, you may be required to participate in an alcohol treatment program, which may involve enrolling in Alcoholics Anonymous and other support groups or admitting yourself to an inpatient residential treatment facility.

These penalties become worse with each subsequent offense, resulting in higher fines and longer suspension and imprisonment periods. Felonies often have much more severe penalties, and based on the circumstances, you will likely serve at least one year in a state prison. Fines for felonies can surpass $10,000. Penalties become even stricter for commercial drivers, who may lose their commercial driving license and their primary means of making money.

Commercial Driver DUI Consequences

Commercial drivers face particularly severe consequences for DUI convictions:

Lower BAC Threshold

Commercial drivers can be charged with DUI at 0.04% BAC, half the limit for regular drivers.

Career Impact

Loss of Commercial Driver’s License (CDL)
Potential permanent disqualification for certain violations
Difficulty finding employment in transportation industry
Loss of income and career prospects

Enhanced Penalties

Many states impose additional penalties on commercial drivers, recognizing their professional responsibility for public safety.

On top of these criminal penalties, states put in place variety of laws to further punish those driving under the influence. For example, many states have implied consent laws. According to these laws, by owning a driver’s license, you automatically consent to a chemical breath test if you are pulled over on suspicion of driving under the influence of alcohol.

If you refuse to take the chemical test, you are breaking this law and will suffer various penalties, usually an administrative suspension. Refusing a chemical test is a separate offense from a DUI, meaning that even if you are acquitted of any DUI charges, you will still have to serve the penalties for refusing your chemical test.

Some states also have admin per se laws enforced by the Department of Motor Vehicles (or other related state administration). Admin per se laws allow officers of the law to immediately confiscate and suspend your license if you fail or refuse a test. With that being said, many people also want to know how long is your license suspended for a DUI. Keep in mind that this can also vary from a case to case basis. With admin per se laws, the penalties are always much harsher if you refuse a chemical test than for outright failing the test.

DUI Expungement and Record Sealing

In some states, DUI convictions may be eligible for expungement or record sealing:

Eligibility Requirements

Completion of all court-ordered requirements
Waiting period (varies by state)
No subsequent criminal convictions
Payment of all fines and fees

Benefits of Expungement

Improved employment prospects
Reduced insurance rates
Restoration of certain rights
Peace of mind

Limitations

Not all states allow DUI expungement, and some maintain records for specific purposes (employment in certain fields, subsequent DUI charges).

Using an Ignition Interlock Device

Ignition interlock devices connect directly to your car’s ignition system. In order to start your car, you have to blow into a mouthpiece that connects to the main device that measures your blood alcohol concentration. If the device detects any alcohol in your system, it will prevent you from starting your car for a certain period of time. Ignition interlock devices will also ask for breathing samples periodically throughout your drive.

While ignition interlock devices were initially reserved for more severe DUI cases (repeat offenses or DUIs where the driver had a BAC over 0.15 percent), they have since become a more common tool for punishing and discouraging drunk driving. If the court requires you to install an ignition interlock device, you are responsible for all costs associated with the installation and upkeep of the device. You can only get an IID installed from an approved vendor.

At Low Cost Interlock, we proudly serve 30 states including California and Oklahoma. Our streamlined process and automated technology make compliance simple and stress-free.

Frequently Asked Questions About DUI

What’s the difference between DUI and DWI?

The terms are largely interchangeable, though some states use different terminology. The legal consequences are typically the same regardless of the specific term used.

Can I get a DUI for prescription medications?

Yes, if prescription medications impair your ability to drive safely, you can be charged with DUI even if you’re taking them as prescribed.

How long does a DUI stay on my record?

This varies by state, but DUI convictions typically remain on your driving record for 5-10 years and on your criminal record permanently unless expunged.

Can I refuse field sobriety tests?

In most states, you can refuse field sobriety tests without automatic penalties, though this may be used as evidence against you in court.

What happens if I’m under 21 and caught drinking and driving?

Most states have zero-tolerance laws for underage drivers, meaning any detectable amount of alcohol can result in DUI charges and license suspension.

Can I get a DUI on private property?

Yes, DUI laws typically apply anywhere a vehicle is operated, including private property like parking lots.

How accurate are breathalyzer tests?

When properly calibrated and administered, breathalyzer tests are generally accurate, but various factors can affect results, which is why legal challenges are sometimes successful.

Can I drive to work with a suspended license after a DUI?

Some states offer restricted licenses for work purposes, but driving with a suspended license is typically a separate criminal offense.

Low Cost Interlock is an approved vendor that offers the most affordable, reliable services in the country. With many ignition interlock devices, you have to breathe into the device using complex patterns that don’t always offer the most accurate results. Low Cost Interlock uses the latest in ignition interlock device technology that is designed for greater efficiency and ease of use.

If you’re wondering about the financial impact of a DUI conviction, learn more about how much does a DUI cost to understand the full scope of expenses you may face. Additionally, understanding DWI vs DUI: key differences in 2025 can help you better understand the legal terminology in your state.

No more complex breathing patterns. No more inaccurate results. Our technicians are also dedicated to guiding you through the process and teaching you how to properly use your device to ensure that you successfully complete your IID program without any hiccups. If you have any questions, please don’t hesitate to reach out to our Low Cost Interlock Customer Service today.