In every state it’s illegal to drive while under the influence of drugs, alcohol, or any combination of these. However, the laws and penalties vary by jurisdiction. And while the universal term for the crime is “DUI” (driving under the influence), many states also use other terms such as “DWI” (driving while intoxicated or impaired), “OUI” (operating under the influence), “OWI” (operating while intoxicated), and “DWAI” (driving while ability impaired).

A person can be convicted of DUI for driving while:

• having an excessive blood alcohol concentration (BAC) (a “per se” DUI), or
• actually impaired by drugs, alcohol, or a combination of the two (an “impairment” DUI).

Prosecutors often file two charges against DUI defendants: a per se and an impairment charge. But generally, if convicted, a defendant can be punished for only one of the charges.

Do You Need a Lawyer?

Defending against a DUI charge usually requires the help of a lawyer. The consequences of a conviction are serious and DUI law is complicated. Even a first DUI conviction can land you jail. And license suspension is highly probable—even if you aren’t ultimately convicted of DUI in criminal court. An experienced DUI attorney can help you develop a legal strategy to mitigate the consequences and let you know if you have any viable defenses.

It’s especially important to get the assistance of an attorney if you have prior DUIs or your current offense involves aggravating factors like a high BAC, injuries, or death. In such cases, the penalties are even more severe. Whether you hire an attorney or have a court-appointed lawyer, it’s important to have legal counsel helping you decide on the best course of action.

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