What is Driving under the Influence (DUI)?

Written by: Avvo Staff

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Driving under the influence (DUI), or drunk driving, is a serious offense, and you should hire an experienced attorney to defend you if you are charged with a DUI offense. Laws vary by state, so be sure to learn what the laws in your state say about DUI. While most DUIs are misdemeanors (less-serious crimes), an increasing number of DUIs are considered felonies (very serious crimes). For example, if you injured others while drunk driving, the DUI offense would be considered a felony.

When you can be arrested for DUI

Nationwide, it is a crime to drive with a blood-alcohol level at or above .08 percent. Beyond that standard, every state sets its own laws and penalties regarding DUI, or Driving While Intoxicated (DWI), as it's also known. In general, DUI penalties have increased in recent years.

Possible consequences of a DUI conviction

Depending on the severity of the charge and whether you have any previous DUI convictions, you could face jail time, fines, and/or loss of your driver's license. You could also be required to install a breath-testing device in your car, attend alcohol education programs, or do community service. The DUI conviction will become part of your criminal record, and you can expect your car insurance rates to rise.

If you are arrested for a DUI

You can challenge your DUI arrest, as well as the Department of Motor Vehicles hearing about your driver's license that will occur in addition to your court proceeding. DUI cases are based on a field sobriety or blood-alcohol test, or the refusal to take such a test. An attorney can help you question this evidence. It is essential that you hire an attorney to help defend you. DUI is a specialized field of law, and you should get a lawyer with expertise in this area.

If you are convicted for DUI

If you are convicted for a DUI offense, it will be listed on your record. How long it remains on your record varies. If you are convicted of a first DUI offense, in some states you may be able to have the crime expunged, a process that removes the conviction from your record. If you are convicted of another DUI offense, however, the conviction will be reinstated. In other states, such as Alaska, a DUI offense stays on your record forever, while in California it will remain on your record for approximately 10 years, depending on circumstances. However, you may need to take action to get the DUI removed from your record if your state allows for it to be removed after a certain amount of time has passed.