Types of DUI Charges

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

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 can help you understand your case, establish a legal defense, and protect your rights.

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 charges in more detail.

How State DUI Laws Vary

Each state has criminal laws around driving while intoxicated, and state laws may use different terms for these offenses. The most common terms include:

• DUI (Driving Under the Influence)

• DWI (Driving While Intoxicated)

• OWI (Operating While Intoxicated)

• OUI (Operating Under the Influence)

However, other states use different terms for standard impaired driving charges and might also have similar charges for lesser offenses.

For instance, in Michigan, they have a separate charge for OWVI (Operating While Visibly Impaired). This charge arises when it’s clear a person’s ability to drive is impaired by drugs or alcohol, regardless of their blood alcohol concentration (BAC).

In New York, DWAI (Driving While Ability Impaired) applies when the driver’s BAC is between 0.05 and 0.07 percent. This charge is lower than the standard DUI. However, it still comes with penalties, including up to 15 days in jail, a $300-$500 fine, and a 90-day driver’s license suspension.

First DUI Offense

Most DUI cases begin when a police officer develops reasonable suspicion that someone is driving under the influence. The officer will typically request that you submit to field sobriety tests and chemical testing to determine your level of impairment.

If your test results indicate intoxication, law enforcement will arrest you for DUI. The laws often classify the first offense as a misdemeanor when no aggravating factors are present. Upon conviction, a judge may sentence you to:

• Probation

• Community service hours

• Pay a fine

• Mandatory alcohol education programs

You may also be asked to install an ignition interlock device in your vehicle. This device requires you to provide a breath sample before you start your car and periodically while you are driving.

Blood Alcohol Content and Legal Limits

Most states have both”per se”DUI charges and impairment-based charges.

Per se intoxication laws 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.

Implied consent laws assume that drivers agree to undergo chemical testing when lawfully stopped by law enforcement officers. Chemical tests include a breathalyzer, 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.

As we discussed above, 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.

When DUI Charges Become More Serious

DUI penalties are enhanced when aggravating circumstances are present. These aggravating circumstances could increase the misdemeanor charge to a felony with mandatory minimum jail time.

The following are some of the most common aggravating factors in DUI convictions:

• Excessive or high BAC level

• Having minors in your vehicle

• Causing an accident involving property damage, injuries, or death

• Driving with a suspended or revoked license

• Prior DUI arrest

Aggravated DUI charges often result in higher fines, extended jail time, or longer driver’s license suspensions.

Felony-Level DUI Offenses

A felony DUI represents the most serious category of drunk driving offenses. Most states classify a standard DUI as a misdemeanor. However, certain aggravating factors can elevate the charge to a felony with stiffer penalties and lasting consequences.

Common scenarios that result in felony DUI charges include the following:

• Elevated BAC (usually around 0.16% or higher)

• Causing bodily harm to others

• Having multiple prior convictions within a set time period

• Driving with children in the vehicle

• Operating a vehicle with a restricted, suspended, or revoked license

However, the threshold for felony charges varies significantly between states. Some states, like New York, charge felony DUI after just one prior conviction within 10 years. This includes a DUI conviction from another state.

Meanwhile, other states might not bring felony charges until a third or subsequent conviction, or only with aggravating circumstances.

DUI Cases Involving Death

The most severe DUI-related charges occur when impaired driving results in someone’s death. According to the National Highway Traffic Safety Administration, around 34 people die in the United States every day as a result of a drunk driving incident.

DUI manslaughter charges apply when death occurs due to the negligent operation of a vehicle while intoxicated. Some states deal with DUI-related deaths under vehicular homicide laws. DUI murder charges, while less common, may apply in cases where the driver showed extreme recklessness or had previous DUI convictions that put them on notice of the dangers.

These charges carry prison sentences ranging from several years to life imprisonment, depending on the circumstances and state laws. It can also result in license revocation, substantial fines, and restitution to victims’ families.

Driving Under the Influence of Drugs (DUID)

As more jurisdictions decriminalize cannabis and expand medical marijuana programs, states have updated their DUI laws to address drug impairment. Driving under the influence of drugs (DUID) encompasses both illegal substances and prescription medications that impair driving ability.

For marijuana, states typically set per se limits between 2 and 5 nanograms (ng) of THC per milliliter (ml) of blood. However, most states maintain zero-tolerance policies for controlled substances like cocaine, heroin, and methamphetamine.

Prescription medications can also result in DUI charges if they impair your ability to drive safely, even when taken as prescribed.

DUI Laws for Commercial Drivers

Commercial drivers face stricter standards due to their increased responsibility in operating large vehicles. Under Federal Motor Carrier Safety Administration (FMCSA) regulations, the legal BAC limit for commercial drivers is 0.04% when they are driving a commercial vehicle. This number is half the limit for regular drivers.

A DUI conviction while operating a commercial vehicle can result in:

• Loss of Commercial Driver’s License (CDL)

• Disqualification periods ranging from one year to life

• Impact on employment in transportation industries

• Enhanced penalties and fines

Note that a DUI conviction in any vehicle, even personal vehicles while off-duty, can also impact your CDL.

DUI Laws Beyond Motor Vehicles

Many people are surprised to learn that DUI laws extend beyond motor vehicles. You may face charges while operating a moped, bicycle, watercraft, or other vessel operated by a motor.

For instance, there are laws related to biking under the influence. The main factor that determines whether you can get a DUI while riding a bike is how your state law defines”vehicle.”Some states include bicycles in their legal definition of vehicles, while others do not. While penalties for bicycle DUI may be less severe than motor vehicle DUI, you can still face fines, driver’s license suspension, and other consequences.

Boating Under the Influence (BUI)

Law enforcement agencies and the Coast Guard actively patrol waterways to prevent boating under the influence (BUI). All states prohibit operating watercraft while intoxicated. In most states, the criminal penalties for BUI are similar to traditional DUI offenses.

Most states set the legal BAC limit for boating at 0.08%, matching the driving standard. However, North Dakota maintains a 0.10% threshold, and Utah has a 0.05% limit. Officers conduct sobriety checkpoints on the water and can stop boats for suspected impaired operation.

DUI Laws for Drivers Under 21

All states have implemented zero-tolerance laws for drivers under 21. These laws reflect the fact that underage drinkers pose significant risks on the road despite drinking and driving less frequently than adults.

Under zero tolerance laws, any measurable amount of alcohol in an underage driver’s system can result in DUI charges. These laws recognize that:

• The legal drinking age is 21

• Young drivers are inexperienced with both alcohol and driving

• Even small amounts of alcohol can significantly impair young drivers

Penalties for underage DUI often include license suspension, fines, community service, and mandatory alcohol education programs.

Facing DUI Charges? Seek Legal Advice from a DUI Attorney

DUI criminal charges can carry serious penalties that can create lasting consequences. If you or someone you know is facing a DUI criminal offense, seek legal advice from a DUI lawyer. They can help you understand your state laws related to DUI charges and protect your rights. Their job is to find the best possible outcome for your case.