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What Is a DUI?

Federal & State Law Editorial TeamLast reviewed: 2025-10-25

DUI (driving under the influence) — also called DWI (driving while intoxicated) in some states — is a serious criminal offense with significant consequences.

Legal limits:

  • 0.08% BAC — The legal limit for drivers 21 and older in all 50 states.
  • 0.04% BAC — The limit for commercial drivers.
  • Zero tolerance — Most states have zero or near-zero tolerance (0.00-0.02%) for drivers under 21.
  • Drug impairment — You can be charged with DUI for impairment by any drug, including prescription medications and marijuana (even where marijuana is legal).
  • Penalties for a first offense (typical):

  • Fines of $500-$5,000+
  • License suspension for 90 days to 1 year
  • Jail time of 0-6 months (varies widely)
  • Probation for 1-3 years
  • Mandatory alcohol education classes
  • Ignition interlock device (required in many states)
  • Increased insurance costs (SR-22 requirement)
  • Enhanced penalties apply for:

  • High BAC (often 0.15% or higher)
  • Prior DUI convictions
  • DUI with a child passenger
  • DUI causing injury or death
  • Refusal of chemical testing (implied consent penalties)
  • Implied consent. By driving on public roads, you have implicitly consented to chemical testing (breath, blood, urine). Refusing a test typically results in automatic license suspension and may be used as evidence against you.

    Long-term consequences. A DUI stays on your criminal record permanently (in most states), affects employment prospects, can impact child custody, and dramatically increases insurance premiums.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You have been charged with DUI
    • You are facing a second or subsequent DUI charge
    • Your DUI involved an accident, injury, or high BAC
    Related Statutes & Laws
    • State DUI/DWI statutes
    • National Minimum Drinking Age Act
    Related Guides

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.