Driving under the influence is a crime in every state, and a first arrest usually starts two cases at once: a criminal charge in court and an administrative case against your driver's license.
States use different names — DUI, DWI, OWI, OUI — for the same core offense: driving while impaired by alcohol or drugs, or with a blood alcohol concentration of 0.08 percent or more (0.05 percent in Utah). Commercial drivers face a 0.04 limit, and drivers under 21 face zero-tolerance limits. By driving, you are treated as having agreed to chemical testing; refusing a breath or blood test usually brings its own license suspension. Penalties rise with each prior offense, a high BAC, a child passenger or an injury crash.
Breath, blood and field tests, such as:
Suspension and getting driving privileges back, such as:
Special rules for minors and students, such as:
When someone was hurt, such as:
State law decides deadlines, forms and procedure, so start with the state where your matter is. Each page lists local attorneys and the cities where they work.
Contact a DUI lawyer right after the arrest. In many states you have only 7 to 30 days to request the administrative hearing that can save your license, and that deadline runs separately from the court case.
DUI attorneys usually charge a flat fee, often with a separate price for trial. A lawyer checks the traffic stop, the field sobriety tests and the testing equipment's maintenance records, and can often negotiate a reduced charge or a diversion program for a first offense.
Profiles carry practice areas, office addresses and direct contacts, so you can reach a lawyer without an intermediary. Nobody pays for a higher position.
All legal issues › All legal answers ›
This guide explains general rules in the United States and is not legal advice. Laws and deadlines differ by state, and only a licensed attorney can tell you how they apply to your situation.