DUI 101: Complete Guide

A DUI offense is when a person has broken the law by driving over the legal limit for blood alcohol concentration (BAC).

Also known as a preliminary alcohol screening (PAS), blood alcohol level test, blood alcohol content, ethanol test or ethyl alcohol test, a BAC test measures the amount of alcohol in your system.

How It’s Measured

BAC tests can occur in two different ways:

• Breathalyzer test: Also known as a chemical test, if you get pulled over on suspicion of a DUI, the police officer will test your breath for alcohol typically.
• Blood test: Measuring the amount of alcohol in your blood sample is more accurate than a breathalyzer test, but typically, you’ll have to go back to the police station to have your blood taken.

Hopefully, you never get stopped for a DUI, but if you do, remember your legal rights.

• Right to remain silent: The Fifth Amendment of the U.S. Constitution gives you the right to remain silent, meaning you don’t have to answer the police officer’s questions.
• Right to refuse the field sobriety test: A field sobriety test (FST) occurs before the BAC test. It’s a voluntary, more subjective way of determining if someone is sober or not. Typically, the FST is composed of three parts:
  • Walk and turn, where the driver has to walk heel-to-toe for nine steps, then return to their original location the same way.
  • One-leg stand, where the driver needs to lift one leg 6 inches off the ground and hold it for at least 30 seconds without losing their balance.
  • Gaze test, where the driver has to follow an object with their eyes as the police officer moves it around.

    If the driver is unable to do any of these tests, it’s an indication of intoxication.² While you have the right to refuse the FST, you’ll then have to take the BAC test instead, so it’s not a “get out of jail free” card.

• Right to choose your BAC test: If you’re driving on U.S. roads, you’re legally required to take a BAC test if a police officer requests it. However, you have the right to refuse a BAC blood test as they are much more invasive than breathalyzer tests, which are required.³

Whatever you do, if you get stopped for a suspected DUI, don’t make the following mistakes.

1. Arguing with the officer: Be compliant with the officer’s demands and stay polite and respectful.
2. Making excuses: Don’t excuse your driving or speak ambiguously. Your words could be used against you in a court of law.
3. Admitting guilt: You don’t want to admit guilt at all, as even the best defense attorney will have trouble dealing with such evidence in a DUI case.
4. Saying too much: Your best bet is to stay silent or speak as little as possible. You never know if something you say could jeopardize your legal risk.

Of course, the best way to avoid a DUI conviction is to drive sober. However, if it’s too late for that, you can avoid a DUI conviction either by taking a plea bargain or employing a great DUI attorney with a strong defense. Whichever route you choose, take advantage of free consultations at multiple law firms to find a quality DUI attorney.

Plea Bargain

Pleading guilty to a less serious charge, such as reckless driving, may be able to reduce your DUI charge, a process known as charge bargaining. A charge bargain is most effective if it’s your first DUI offense, you have a clean or nearly clean criminal background or you had a low BAC at the time of the arrest. It’s also more likely to succeed if you’re over the age of 21 and did not cause an accident.

Strong Legal Defense

The other option is having a strong legal defense, such as:

• The traffic stop wasn’t supported by probable cause, making it illegal.
• The police officer didn’t conduct the FST or calibrate the breathalyzer properly.
• Your BAC was below 0.08 percent, the legal limit.⁴

Each state has different laws surrounding DUIs, including how long your license will be suspended for the first offense and penalties for the second, third and subsequent offenses. Find your state’s laws surrounding alcohol-impaired driving on the Governors Highway Safety Association website, linked in the citations below.⁵

Legal punishments are far from the only consequence of driving under the influence, but they can be severe.

Legal

Legal penalties can include jail time, fines, community service hours, license suspension and a DUI ignition interlock device — a breathalyzer that would test your BAC before you can start your car. If you cause a fatality, your legal consequences will be more extreme, but even on a first offense, you’ll likely face a license suspension at the very least.

The state may also require you to get an SR-22 form (proof you have minimum insurance) or, in Florida and Virginia, an FR-44 form (proof you have more than the minimum).

Learning about DUIs can feel a bit like wading through alphabet soup. DUI, DWI, OUI, OWI — what’s the difference?

The two most common abbreviations states use are DUI and DWI. While DUI stands for driving under the influence, DWI stands for driving while intoxicated and is a more serious charge. A driver convicted of a DUI offense was less impaired than someone convicted of a DWI offense. However, not every state distinguishes between the two and some use DUI as meaning under the influence of drugs specifically.⁸

Some less commonly used abbreviations include the following:

• DUID: Driving under the influence of drugs
• DWAI: Driving while ability impaired
• OMVI: Operating a motor vehicle while impaired
• OUI: Operating under the influence of intoxicating liquor
• OVI: Operating a vehicle while intoxicated
• OVUII: Operating a vehicle under the influence of an intoxicant
• OWPD: Operating with the presence of drugs
• OWVI: Operating while visibly impaired

Impaired Driving Abbreviations by State

What abbreviations does your state use? Find out below.

Check out our roundup of drunk driving statistics to find out where DUIs are most common and who drives under the influence the most. Some particularly noteworthy stats to keep in mind include the following:

• Thirty-two people in the U.S. die every day from drunk driving.
• In 2020, 11,654 people died in alcohol-impaired traffic deaths, a 14 percent increase from 2019.
• Drunk driving is involved in nearly a third of traffic fatalities in the U.S.⁹
• Montana is the state with the highest proportion of alcohol-impaired traffic fatalities — 67 percent of traffic deaths in 2020 involved a drunk driver.
• Drivers ages 25 to 34 have the highest rate of alcohol-related traffic deaths, making up 57 percent of the total across all age groups.

If you’ve been convicted of a DUI, check out our picks for the best high-risk auto insurance. While there’s no easy way to avoid rate hikes, you can save money by shopping the entire market for a substandard provider — a company that caters to high-risk drivers. Learn more about DUIs below.