What Is DUI?
Driving Under the Influence (DUI) — also called DWI (Driving While Intoxicated) or OUI (Operating Under the Influence) in various states — refers to the offense of operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. All 50 U.S. states have set the legal blood alcohol concentration (BAC) limit at 0.08% for drivers 21 and older. Lower limits apply to commercial drivers (0.04%) and drivers under 21 (zero tolerance in most states). DUI is one of the most common criminal charges in the United States, but it carries serious consequences that many people underestimate.
The Stop, the Field Test, and the Arrest
A DUI case typically begins with a traffic stop for a moving violation, equipment failure, or DUI checkpoint. Officers look for signs of impairment — slurred speech, the odor of alcohol, bloodshot eyes, and poor motor coordination. Field sobriety tests (FSTs) — the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test — are voluntary in most jurisdictions, though refusing them may be noted. Chemical testing — breath, blood, or urine — is governed by implied consent laws, which provide that by driving on public roads, a driver consents to chemical testing upon a lawful arrest. Refusal carries administrative penalties including automatic license suspension, separate from any criminal charge.
Criminal vs. Administrative Proceedings
A DUI arrest triggers two parallel proceedings. The criminal case — which proceeds through the court system — determines criminal liability and potential penalties including fines, probation, mandatory education programs, ignition interlock requirements, and incarceration. The administrative proceeding — handled by the state department of motor vehicles (DMV) — determines the status of the driver’s license. In most states, the driver has a limited window (often 10 days) after arrest to request a DMV hearing to contest the license suspension. Missing this deadline results in automatic suspension.
Defenses in a DUI Case
A DUI charge is not an automatic conviction. Experienced DUI defense attorneys examine multiple areas for viable defenses. Was the traffic stop lawful — did the officer have reasonable articulable suspicion? Were field sobriety tests administered correctly under standardized protocols? Was the breathalyzer properly calibrated, maintained, and operated? Was the blood draw performed by a qualified technician under proper chain of custody? Were there medical conditions — diabetes, GERD, certain medications — that could produce a falsely elevated BAC reading? The strength of the prosecution’s evidence varies significantly from case to case.
DUI for Noncitizens: Immigration Consequences
For noncitizens, a DUI conviction adds a critical additional layer of consequence. A single DUI — especially one involving elevated BAC, injury, or a drug-related element — may constitute a crime involving moral turpitude or an aggravated felony under immigration law, potentially rendering the noncitizen inadmissible, deportable, or ineligible for naturalization. Any noncitizen facing a DUI charge should consult both a DUI defense attorney and an immigration attorney before any plea is entered.
Felony DUI
While a first-offense DUI is typically a misdemeanor, certain aggravating factors elevate the charge to a felony: a BAC significantly above the legal limit, presence of a minor in the vehicle, causing injury or death, or a prior DUI conviction history. Felony DUI carries dramatically more severe consequences — multi-year incarceration, permanent license revocation, and collateral consequences affecting employment, professional licensing, and immigration status.
Conclusion
A DUI charge is serious — but it is a legal charge that carries defenses, procedural rights, and opportunities for skilled advocacy. The decision about whether to contest the charge, negotiate a plea, or proceed to trial should be made with the guidance of an experienced DUI defense attorney who understands both the criminal and, where applicable, the immigration consequences.