About DUI Terms
What is the difference between DUI and DWI?
DUI stands for “driving under the influence” and DWI stands for either “driving while intoxicated” or “driving while impaired”. In some states, these terms can have different meanings or they could refer to the same offense while you were pulled over.
In either case, both DUI and DWI imply that a driver is being imposed with a serious offense of having risked the health and safety of himself and others. These charges are applied for not just alcohol and recreational drugs but also to driving when your prescription drugs impair your abilities. It is also crucial to understand that one is not adverse than the other and that both can have a huge effect on your life.
BAC
BAC (Blood Alcohol Concentration) is used to check the percentage of alcohol content in the driver’s bloodstream. Having a BAC of .10% means that an individual’s blood supply contains one part of alcohol for every 1000 parts blood. In most states, a driver having a BAC of 0.08% or higher is considered legally intoxicated.
Zero tolerance BAC laws
For anyone below the age of 21, driving with any amount of alcohol in their blood is considered illegal. This law is enforced by the entire 50 states. Even a slight amount of BAC levels like .01 or .02 would lead to a penalty. Considering such laws, even an innocent glass of wine with dinner could lead a young driver with a DUI charge.
Enhanced penalty laws( high BAC)
In some cases, BAC is not the only cause considered when penalties are issued. In certain states, DUI penalties are issued likewise if the driver is speed driving, has children onboard, causes an accident or denies to be tested.
Implied consent
The implied consent law states that all persons who opt to drive on public roadways thereby implicitly agree to undergo chemical tests of breath, blood, or urine to determine alcohol or drug content, if asked to do so by a law enforcement officer. In case the driver disagrees to take the test implied consent laws carry penalty charges like mandatory suspension of driver’s license.
Alcohol education and assessment
In the majority of the states, if you are convicted for a DUI, you will need to be evaluated for alcohol abuse at some point during the criminal proceedings that proceed. Alcohol abuse assessments are intended to understand whether and to what extent a driver has a substance abuse problem following an alcohol-related arrest. This can allow experts who are specialized and knowledgeable about alcohol abuse to develop a treatment plan to address your specific circumstances.
Administrative License Revocation
ALR or Administrative License Revocation is the removal of a DUI/DWI offender’s driver’s license at the time of an arrest upon the failure or refusal of a chemical test. This divergence is important – administrative revocations are immediate in nature and, because of this, ALR is one of the most highly effective ways to deter people from driving under the influence of alcohol. Not to mention, ALR laws are effective in saving lives.
DUI penalties by state
| State | Imprisonment | Fines & Fees | License Suspension | Ignition Interlock Device Required |
|---|---|---|---|---|
| Alabama | None | $600 to $2,100 | 90 Days | No |
| Alaska | Min. 72 hours | $1,500 | Min. 90 days | Yes |
| Arizona | Min. 24 hours | $250 base fine | 90 to 360 days | Yes |
| Arkansas | 1 day to 1 year | $150 to $1,000 | 6 months | Yes |
| California | 4 days to 6 months | $1,400 to $2,600 | 30 days to 10 months | Yes, in some counties |
| Colorado | Up to 1 year (DUI), or up to 6 months (DWAI) | Up to $1,000 (DUI), or up to $500 (DWAI) | 9 months (DUI), none for DWAI | No |
| Connecticut | 2 days up to 6 months | $500 to $1,000 | 1 year | No |
| Delaware | Up to 6 months | $500 to $1,1500 | 1 to 2 years | No |
| Florida | 6 to 9 months | $500 to $2,000 | 180 days to 1 year | Yes |
| Georgia | 1 day to 1 year | $300 to $1,000 | Up to 1 year | No |
| Hawaii | None | $150 to $1,000 | 90 days | No |
| Idaho | Up to 6 months | Up to $1,000 | 90 to 180 days | No |
| Illinois | Up to 1 year | Up to $2,500 | Min. 1 year | Yes |
| Indiana | 2 months to 1 year | $500 to $5,000 | Up to 2 years | No |
| Iowa | 2 days up to 1 year | $625 to $1,200 | 180 days | Yes, if BAC above .10 |
| Kansas | Min. 2 days | $750 to $1,000 | 30 days | Yes |
| Kentucky | None | $600 to $2,100 | 90 days | No |
| Louisiana | 2 days to 6 months | $1,000 | 90 days | Possible |
| Maine | 30 days | $500 | 90 days | No |
| Maryland | Up to 1 year (DUI); up to 2 months (DWI) | Up to $1,000 (DUI); up to $500 (DWI) | Min 6 months (DUI & DWI) | No |
| Massachusetts | Up to 30 months | $500 to $5,000 | 1 year | No |
| Michigan | Up to 93 days | From $100 to $500 | Up to 6 months | Possible |
| Minnesota | Up to 90 days | $1,000 | Up to 90 days | - |
| Mississippi | Up to 48 hours | $250 to $1,000 | 90 days | No |
| Missouri | Up to 6 months | Up to $500 | 30 days | Possible |
| Montana | 2 days to 6 months | $300 to $1,000 | 6 months | Possible |
| Nebraska | 7 to 60 days | Up to $500 | Up to 60 days | No |
| Nevada | 2 days to 6 months | $400 to $1,000 | 90 days | Possible |
| New Hampshire | None | $500 to $1,200 | 6 months | No |
| New Jersey | Up to 30 days | $250 to $500 | 3 months to 1 year | Possible |
| New Mexico | Up to 90 days | Up to $500 | Up to 1 year | Yes |
| New York | None | $500 to $1,000 | 6 months | Yes |
| North Carolina | 24 hours (for level 5 offender) (however, if 3 aggravated factors are present -- Level 1A -- minimum of 12 months) | $200 (for level 5 offender) | 60 days to 1 year | No |
| North Dakota | None | $500 to $750 | 91 to 180 days | No |
| Ohio | 3 days to 6 months | $250 to $1,000 | 6 months to 3 years | No |
| Oklahoma | 5 days to 1 year | Up to $1,000 | 30 days | No |
| Oregon | 2 days or 80 hours of community services | $1,000 to $6,250 | 1 year | Yes |
| Pennsylvania | None | $300 | No | Yes, if you refused to take a chemical test |
| Rhode Island | Up to 1 year | $100 to $500 | 2 to 18 months | No |
| South Carolina | 48 hours to 90 days | $400 to $1,000 | 6 months | No |
| South Dakota | Up to 1 year | $1,000 | 30 days to 1 year | No |
| Tennessee | 48 hours up to 11 months | $350 to $1,500 | 1 year | Yes |
| Texas | 3 to 180 days | Up to $2,000 | 90 to 365 day | No |
| Utah | 48 hours min. | $700 min. | 120 days | No |
| Vermont | Up to 2 years | Up to $750 | 90 days | No |
| Virginia | Min. 5 days | Min. $250 | 1 year | Yes - if BAC .15 or above |
| Washington | 24 hours to 1 year | $865.50 to $5,000 | 90 days to 1 year | Yes |
| West Virginia | Up to 6 months | $100 to $1,000 | 15 to 45 days | Possible |
| Wisconsin | None | $150 to $300 | 6 to 9 months | No |
| Wyoming | Up to 6 months | Up to $750 | 90 days | Yes - if BAC .15 or above |
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