Criminal Drunk Driving Charges: Information for Individuals Facing DUI/DWI

Intoxicated drivers costs approximately $51 billion annually and are thought to be responsible for almost 40 percent of vehicle related deaths. There are two charges commonly laid in the United States for drunk driving: DUI and DWI. A DUI means "driving under the influence of alcohol or illegal drugs." DWI stands for "driving while intoxicated."

Some states make a distinction between a DUI and DWI. The DWI is considered the more serious of the two offences in states that make a distinction. The legal blood alcohol concentration limit in most states is 0.08 percent.

Both DUIs and DWIs are treated as criminal offenses. An accused driver may be convicted of both a DUI and DWI but only receive sentencing on one charge. In certain circumstances, an accused may have his or her DWI reduced to a DUI charge.

A suspected intoxicated driver who refuses to take chemical tests of their breath, blood, or urine may have his or her license suspended under an administrative license suspension. The driver does not need to be convicted of a DUI or DWI for an administrative license suspension. This is a separate law apart from criminal laws dealing with drunk driving. The license suspension takes effect immediately after the driver's arrest.

Most of the states have the option to use an ignition interlock for convicted drunk drivers. The driver must blow into a device that measures alcohol content. If the driver has been drinking, the ignition interlock will disable the ignition preventing operation of the vehicle. Several states have laws whereby multiple offenders forfeit their vehicles to the state.

Additionally, open containers of alcohol inside the vehicle compartment are prohibited by law in most states. Open container violations can be charged separately or in combination with drunk driving charges depending on the circumstances of your case.



If you are accused of drunk driving, experienced criminal defense lawyers can help. Individuals facing felony or misdemeanor charges should seek legal representation as soon as possible.