DUI: Definition and Overview of Drunk Driving Offenses 2025
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- DUI stands for driving under the influence of drugs or alcohol
- Prosecutors do not need to prove intent to get a conviction
- This criminal offense can result in jail time and fines
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What Does DUI Mean?
Every state has a law against drunk driving. While most call this offense driving under the influence (DUI), some states use the following names instead:
- Driving while intoxicated or impaired (DWI)
- Operating while intoxicated or impaired (OWI)
- Operating a vehicle under the influence (OVI)
- Operating under the influence (OUI)
This offense can happen when a substance influences the driver’s physical or cognitive abilities. Although most states reference the same DUI meaning, they vary widely in the punishments imposed.
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.
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Frequently Asked Questions
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“DUI” stands for driving under the influence of drugs or alcohol. It happens when a driver is in control of a vehicle while intoxicated by alcohol, illegal drugs, marijuana or medication.
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Prosecutors can either prove impairment or a blood alcohol concentration (BAC) over the legal limit. Proving impairment usually requires eyewitness testimony from police officers or bystanders that your driving endangered others. BAC can be established using chemical testing of your breath, urine or blood.
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DUI is a criminal offense. The sentence upon conviction can include incarceration, fines and mandatory drug or alcohol treatment.
