DUI: Definition and Overview of Drunk Driving Offenses 2025

Penalties and Considerations for DUIs

Substances that may be involved in a DUI charge include:

• Alcohol
• Illegal drugs, like cocaine or heroin
• Prescription medication
• Over-the-counter medication
• Inhalants
• Cannabis

Drivers who violate their state’s drunk driving statute with any of these substances can face a DUI charge.

What happens when you get a DUI? If convicted of this criminal offense, a judge can impose a sentence on the driver that includes some or all of the following consequences:

• Incarceration in jail or prison
• Probation
• A fine and court costs
• Restitution for any car accident injuries or property damage
• Community service
• Drug or alcohol rehabilitation

After completing their sentence, someone convicted of a DUI will have a conviction that will appear on their criminal history. As a result, the person might fail a background check for employment and rental housing. Their auto insurance rates may skyrocket, and some insurance companies could decline to cover them.

What Is a DUI Under the Law?

Every state gives prosecutors two options for proving a DUI. In other words, the standard DUI definition contains two distinct violations. Proving either violation will result in a criminal conviction.

Control

The first offense happens when a driver is in control of a vehicle while their physical or cognitive ability to drive is impaired. “Control” usually means the driver is driving. But most states also define control to include the capability to drive the vehicle.

For example, if a drunk driver stops on the side of the road and turns off the engine, most states will still allow prosecutors to bring DUI charges as long as the driver still has the keys. However, “control” does not include drunk passengers even if they could, in theory, take control of the vehicle from a sober driver.

Impairment

Impairment means the driver cannot perform the physical or cognitive functions to drive safely. A police officer might observe the vehicle, check inside for open containers of alcohol, and conclude that the driver's abilities are impaired The following actions might give an officer grounds for a DUI arrest:

• Weaving across lane lines
• Driving too slowly
• Hitting objects, like garbage cans
• Driving without headlights
• Driving the wrong way

In a worst-case scenario for the driver and other road users, the police might conclude the driver was intoxicated after they hit another vehicle. In these cases, the driver faces criminal liability for DUI and civil liability for negligence.

The second offense happens when a driver drives with a blood alcohol concentration (BAC) over the state’s legal limit. BAC is determined using chemical testing of the driver’s breath, urine, or blood. Every state except Utah has a legal limit of 0.08% BAC. Utah’s legal limit is 0.05% BAC.

Learn More About DUI From ConsumerShield

ConsumerShield is dedicated to educating people about their legal rights and helping them secure legal representation. Contact us today for a free consultation and a referral to a DUI lawyer who can assist you with your charges.