DUI
In one sentence
Driving under the influence of alcohol or drugs, a serious criminal offense.
Plain English
DUI stands for Driving Under the Influence and means operating a vehicle while impaired by alcohol, drugs, or both. You can be charged with DUI even if your blood alcohol level is below the legal limit if your driving is noticeably impaired. Penalties vary by jurisdiction and whether it's a first or repeat offense, but typically include fines, license suspension, jail time, and mandatory alcohol education programs. A DUI conviction has lasting effects on insurance rates, employment, and your driving record.
Example
After leaving a party, David was pulled over for swerving between lanes. The officer administered a breathalyzer test, which showed his blood alcohol level was 0.09%, above the legal limit of 0.08%. He was arrested and charged with DUI.
Used in a sentence
“Her DUI conviction resulted in a one-year license suspension and mandatory attendance at a substance abuse program.”
How DUI differs by state
DUI can apply differently depending on the state. Click a state to see local specifics.
Alabama
Alabama treats DUI seriously with mandatory minimum jail time and license suspension starting at first offense.
Alaska
Alaska imposes strict penalties including mandatory jail time and ignition interlock devices for all DUI convictions.
Arizona
Arizona enforces some of the nation's strictest DUI laws, including mandatory jail time and ignition interlock devices for all convictions.
Arkansas
Arkansas imposes mandatory minimum jail sentences and license suspension, with enhanced penalties for higher BAC levels.
California
California mandates DUI education programs, license suspension, and fines, with ignition interlock devices required for higher BAC levels.
Colorado
Colorado presumes impairment at 0.05% BAC, lower than the federal 0.08% standard.
Connecticut
Connecticut imposes mandatory minimum jail time and license suspension for all DUI convictions.
Delaware
Delaware classifies DUI as a misdemeanor with mandatory minimum penalties even for first offenses.
Florida
Florida imposes strict mandatory minimum sentences and uses a 10-year lookback period for prior offenses.
Georgia
Georgia treats DUI as a serious misdemeanor with mandatory minimum jail time and license suspension.
Hawaii
Hawaii treats DUI seriously with mandatory minimum jail time even for first offenses and ignition interlock requirements.
Idaho
Idaho sets the BAC threshold at 0.08% for drivers 21 and older, with enhanced penalties for BAC above 0.20%.
Illinois
Illinois requires mandatory minimum jail time and license suspension for all DUI convictions, with escalating penalties for repeat offenses.
Indiana
Indiana classifies DUI as a misdemeanor for first and second offenses but elevates it to a felony for third and subsequent convictions.
Iowa
Iowa imposes mandatory minimum jail sentences and license revocation periods that increase sharply with prior DUI convictions within 12 years.
Kansas
Kansas treats DUI seriously with a 0.08% BAC threshold and mandatory ignition interlock devices for most convictions.
Kentucky
Kentucky uses a 0.08% BAC standard and imposes mandatory minimum jail sentences even for first-time DUI offenders.
Louisiana
Louisiana's DUI law uses 0.08% BAC but uniquely allows first-time offenders to avoid a criminal conviction through deferred adjudication.
Maine
Maine uses a 0.08% BAC threshold and requires mandatory license suspension beginning immediately upon arrest for most DUI cases.
Maryland
Maryland's DUI law uses 0.08% BAC and imposes mandatory minimum jail sentences and ignition interlock devices for most convictions.
Massachusetts
Massachusetts treats DUI seriously with mandatory license suspension and ignition interlock devices for most convictions.
Michigan
Michigan distinguishes between Operating While Intoxicated (OWI) and Operating While Visibly Impaired, with mandatory jail time for repeat offenses.
Minnesota
Minnesota imposes strict mandatory minimum sentences and license revocation, with enhanced penalties if a child is in the vehicle.
Mississippi
Mississippi requires mandatory jail time and license suspension even for first offenses, with no option to avoid incarceration.
Missouri
Missouri allows first-time DUI offenders to potentially avoid conviction through a suspended imposition of sentence if they meet conditions.
Montana
Montana treats DUI as a felony on the fourth offense within ten years, with mandatory jail time starting at first offense.
Nebraska
Nebraska imposes a mandatory minimum 10-day jail sentence for first-time DUI offenders with no exceptions or probation alternatives.
Nevada
Nevada treats first DUI as a misdemeanor but escalates to felony status on a third offense within seven years.
New Hampshire
New Hampshire has no mandatory minimum jail sentence for first DUI, making it one of the most lenient states on initial offenses.
New Jersey
New Jersey imposes a mandatory Ignition Interlock Device (IID) on all DUI convictions, even first offenses, with no exceptions.
New Mexico
New Mexico imposes an absolute license suspension of one year for a first DUI conviction, regardless of BAC level.
New York
New York distinguishes DUI as "Driving While Intoxicated" (DWI) and uses a 0.08% BAC threshold with enhanced penalties for high BAC levels.
North Carolina
North Carolina uses a structured sentencing system for DWI with mandatory minimum jail time that increases based on prior convictions and aggravating factors.
North Dakota
North Dakota imposes an automatic administrative license suspension of 40 days for a first DUI arrest, separate from any criminal conviction.
Ohio
Ohio imposes a mandatory minimum jail sentence of three days for a first DUI conviction and uses a tiered license suspension system.
Oklahoma
Oklahoma treats DUI seriously with mandatory minimum jail time even for first offenses and an absolute sobriety requirement for certain drivers.
Oregon
Oregon's DUI threshold matches the federal standard, but the state aggressively pursues impairment-based charges and requires ignition interlock devices for most convictions.
Pennsylvania
Pennsylvania uses a tiered BAC system with enhanced penalties for higher alcohol levels, and the state does not require a mandatory minimum jail sentence for first-time offenders.
Rhode Island
Rhode Island imposes strict license suspension rules and requires alcohol education programs for all DUI convictions, including first offenses.
South Carolina
South Carolina enforces a strict zero-tolerance policy for drivers under 21 and requires mandatory minimum jail sentences for all DUI convictions.
South Dakota
South Dakota defines DUI at 0.08% BAC for drivers 21+, with enhanced penalties for refusal to test.
Tennessee
Tennessee imposes DUI penalties starting at 0.08% BAC, with mandatory ignition interlock devices for most convictions.
Texas
Texas defines DUI at 0.08% BAC but also prosecutes impairment at any detectable level of drugs or alcohol.
Utah
Utah enforces a strict 0.05% BAC threshold for drivers 21+, the lowest in the nation, with zero tolerance for underage drivers.
Vermont
Vermont defines DUI at 0.08% BAC and imposes mandatory license suspension even before conviction in many cases.
Virginia
Virginia treats DUI seriously with mandatory minimum jail time even for first offenses and uses a 0.08% BAC threshold.
Washington
Washington imposes an immediate license suspension upon arrest and requires ignition interlock devices for most DUI convictions.
West Virginia
West Virginia imposes a 0.08% BAC limit and mandatory substance abuse treatment for most DUI convictions.
Wisconsin
Wisconsin does not use the term "DUI" but instead prosecutes "OWI" (Operating While Intoxicated) with a 0.08% BAC threshold.
Wyoming
Wyoming uses a 0.08% BAC threshold and imposes mandatory license suspension and jail time for first DUI offenses.
District of Columbia
DC treats DUI seriously with a 0.08% BAC threshold and mandatory minimum penalties including jail time and license suspension.
Related terms
Sentencing
The judge's decision on punishment after a defendant is found guilty.
habitual offender
A person with multiple prior criminal convictions who faces enhanced penalties for new crimes under habitual offender laws.
criminal intent
The mental state or purpose required to commit a crime.
Misdemeanor
A less serious crime punishable by up to one year in jail and/or fines.
Felony
A serious crime punishable by more than one year in prison or death.
challenge for cause
A request to remove a juror based on bias or inability to be impartial.
Stand Your Ground
A law allowing a person to use force, including deadly force, to defend themselves without a duty to retreat.
Castle Doctrine
A law stating that a person's home is their castle and they can use force to defend it without duty to retreat.
This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.