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Driving under the influence (DUI) is a profoundly serious issue in the United States, with laws reflecting the grave risks involved. The question of whether a DUI is a traffic violation or a criminal offense is a critical one, as the classification dramatically impacts the legal consequences, including fines, jail time, and the long-term effect on an individual’s record.

The short answer is: It depends on the state and the specific circumstances of the offense.

While a DUI always begins with a traffic stop, its legal classification varies across jurisdictions. In the vast majority of states, a DUI is immediately classified as a criminal offense, typically a misdemeanor for a first offense. However, a small number of states classify a first-time, non-aggravated DUI as a traffic infraction or a civil offense.

Quick Statistics on Driving Under the Influence

Driving under the influence is a grave problem in today’s society. In 2016, the CDC reported over 10,000 deaths in alcohol-related driving accidents. That’s bordering 30 deaths each day. And that doesn’t even take into account the non-fatal accidents, property damage, and the close encounters that are all a result of driving while intoxicated.

The law reflects this graveness with harsh penalties for offenders. However, sentences range depending on several factors. The age of the offender, the level of intoxication, as well as the individual states’ laws all contribute to the severity of repercussions. These repercussions can be as simple as a fine or mandatory installation of a car breathalyzer, or more serious like actual jail time.

Because each state has its own way of defining a DUI and another for defining a DWI (driving while impaired), the question is often asked: is DUI a traffic violation?

DUI as a Traffic Infraction (Civil Offense)

In a few states, such as New York, New Jersey, and Wisconsin, a first-offense DUI may be treated as a traffic infraction or a non-indictable offense. This distinction is significant because a traffic infraction does not result in a criminal record.

Even when classified as a traffic violation, the penalties for a DUI are far more severe than a typical speeding ticket. The repercussions can include:

  • License Suspension: Mandatory suspension or revocation of driving privileges.
  • Fines and Fees: Substantial monetary penalties.
  • Ignition Interlock Device (IID): Mandatory installation of a car breathalyzer, such as those provided by Low Cost Interlock, for a specified period.
  • Jail Time: In some states, even a traffic infraction DUI can carry a short jail sentence (e.g., 24 hours to 30 days).
  • Mandatory Classes: Required attendance at alcohol education or victim impact panels.

The key difference is the absence of a criminal record. A traffic infraction will not appear on a criminal background check, which can be crucial for employment and housing opportunities.

DUI as a Criminal Offense (Misdemeanor or Felony)

For the majority of states, and for repeat offenses in all states, a DUI is classified as a criminal offense. These are broken down into two main categories:

Misdemeanor DUI

A misdemeanor is considered a “lesser” criminal offense, though it is still a crime. Most states classify a first-time DUI as a Class 1 or Class A misdemeanor.

  • Penalties: Punishable by up to one year in a county jail, significant fines, license suspension, and probation.
  • Record: A misdemeanor conviction results in a permanent criminal record that will appear on background checks.

Felony DUI

A felony is the most serious criminal classification and is reserved for aggravated or repeat offenses.

  • Aggravating Factors: A DUI can be elevated to a felony if it involves:
    • A third or subsequent offense within a look-back period.
    • Serious bodily injury or death to another person.
    • Driving with a child passenger (child endangerment).
    • Driving with an extremely high Blood Alcohol Content (BAC).
  • Penalties: Punishable by more than one year in state prison, massive fines, and long-term or permanent loss of driving privileges.
  • Record: A felony conviction has long-lasting consequences, severely impacting job prospects, housing, and civil rights.

Factors That Determine the Severity of a DUI Charge

The specific classification and severity of a DUI charge are determined by several factors, which vary from state to state:

FactorDescriptionImpact on Sentencing
Number of Prior OffensesRepeat offenses are the most common reason for increased penalties and felony charges. States use a “look-back period” (typically 5-10 years, but sometimes lifetime) to track prior convictions.Increases jail time, fines, license suspension period, and often elevates the charge to a felony.
Blood Alcohol Content (BAC)The driver’s BAC at the time of arrest. The legal limit for drivers over 21 is 0.08% in most states.Higher BAC levels (e.g., 0.15% or 0.20%) often trigger enhanced penalties and mandatory minimum sentences.
Age of OffenderDrivers under the legal drinking age (21) are subject to Zero Tolerance laws.Penalties are often stricter, with license suspension periods frequently doubled. BAC limits are much lower (e.g., 0.02% or 0.00%).
Additional Committed CrimesIncidents involving property damage, reckless driving, or injury to others.These are charged as separate crimes and are layered on top of the DUI, significantly increasing the overall severity and sentence.
Location of ArrestSome states impose harsher penalties for DUIs committed near schools, hospitals, or in construction zones.Can be an aggravating factor leading to increased fines or jail time.

The Role of Ignition Interlock Devices (IIDs)

Regardless of whether a DUI is classified as a traffic violation or a criminal offense, the use of an Ignition Interlock Device (IID) is becoming a standard part of sentencing across the country. An IID, or car breathalyzer, is a device installed in a vehicle that prevents the engine from starting if the driver’s breath alcohol concentration (BrAC) exceeds a pre-set limit.

  • Mandatory Use: All 50 states have laws permitting or requiring IIDs for DUI offenders, and many states now mandate them even for a first-time offense.
  • Purpose: IIDs serve as a crucial tool for public safety, allowing offenders to maintain driving privileges while ensuring they cannot operate a vehicle while intoxicated. Companies like Low Cost Interlock specialize in providing and servicing these devices, helping individuals comply with court and DMV requirements.

Conclusion: More Than Just a Ticket

While a few states may technically classify a first-time DUI as a traffic infraction, the reality is that a DUI is always treated with the utmost seriousness due to the potential for harm. The penalties—including mandatory IID installation, license suspension, and potential jail time—far exceed those of a typical traffic ticket.

For anyone facing a DUI charge, understanding the distinction between a traffic violation and a criminal offense in their specific state is essential. The long-term consequences of a criminal record, which accompanies a misdemeanor or felony DUI, can affect every aspect of life, from employment to insurance rates. The best course of action is always prevention, but for those who have been convicted, compliance with court-mandated requirements, such as the installation of an IID, is the necessary next step.

References

[7] Low Cost Interlock. Is a DUI a Traffic Violation?. https://www.lowcostinterlock.com/blog/is-a-dui-a-traffic-violation/c1d

[1] DUI.org. Is a DUI a Criminal Offense? Or Just a Traffic Violation. https://www.dui.org/resources-and-articles/is-dui-a-criminal-offense-or-traffic-violation/

[2] Shouse Law Group. Is DUI a criminal offense? Or is it just a traffic violation?. https://www.shouselaw.com/ca/blog/is-dui-considered-a-traffic-violation-or-a-crime/

[3] FindLaw. Is DUI a Criminal Offense or a Traffic Violation?. https://www.findlaw.com/dui/charges/is-dui-a-criminal-offense-or-a-traffic-violation.html

[4] NCSL. Criminal Status of State Drunken Driving Laws. https://www.ncsl.org/transportation/criminal-status-of-state-drunken-driving-laws

[5] NJ DWI Legal. Traffic Charge vs. Criminal Charge. https://www.njdwilegal.com/dwi-traffic-offense-or-criminal-offense

[6] Cornell Law School Legal Information Institute. DWI/DUI Violation. https://www.law.cornell.edu/wex/dwi/dui_violation

Disclaimer

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