DUI FAQ
Answers to the most common questions about DUI charges, penalties, and the process.
What is the difference between DUI and DWI?
DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are terms used by different states for impaired driving. Some states use DUI (California, Florida), others use DWI (Texas, New York), and some use other terms like OWI (Indiana), OVI (Ohio), or OVUII (Hawaii). The legal concepts are essentially the same.
What is the legal BAC limit?
The legal BAC limit is 0.08% in 49 states. Utah has the lowest limit at 0.05%. Commercial drivers have a limit of 0.04% in all states. Drivers under 21 typically have limits of 0.00-0.02% depending on the state.
Will I go to jail for a first DUI?
It depends on your state and circumstances. States like Arizona, Alaska, and Tennessee have mandatory jail time for first offenses. Wisconsin does not treat first-offense OWI as criminal. Most first offenders in other states receive probation rather than jail.
How much does a DUI cost?
A first DUI typically costs $10,000-$25,000+ in total, including fines ($1,500-$5,000), attorney fees ($2,000-$10,000), DUI classes ($500-$2,500), ignition interlock ($1,000-$3,000), and insurance increases ($5,000-$15,000 over 3-5 years).
How long does a DUI stay on my record?
A DUI conviction typically stays on your criminal record permanently unless expunged. On your driving record, it stays for 3-10 years depending on the state. For lookback purposes, states use periods from 5 years to lifetime.
Can I get a DUI expunged?
Some states allow DUI expungement after a waiting period (typically 5-10 years), including California, Michigan, Idaho, Kansas, and Kentucky. States like Florida, Illinois, New Jersey, and New York do NOT allow DUI expungement.
What is SR-22 insurance?
SR-22 is a certificate filed by your insurance company proving you carry the required minimum liability coverage. Most states require it for 3 years after a DUI. The filing fee is $15-$50, but the real cost is the high-risk insurance premium increase of 2-3x your normal rate.
What is an ignition interlock device?
An ignition interlock device (IID) is a breathalyzer installed in your car that prevents the engine from starting if your BAC exceeds a preset limit (usually 0.02-0.04%). Many states require IID for all DUI convictions. Typical cost is $1,000-$1,500 per year.
How do I get my license back after a DUI?
Steps typically include: complete the suspension period, finish DUI classes, install IID (if required), file SR-22 insurance, pay reinstatement fees, and apply at the DMV. Many states allow restricted/hardship licenses during the suspension.
Should I hire a DUI attorney?
Yes. A DUI attorney can challenge evidence, negotiate reduced charges (like a "wet reckless"), protect your license through DMV hearings, and potentially get your case dismissed. The cost of an attorney often saves money in reduced penalties.
What is a "wet reckless"?
A "wet reckless" is a plea bargain where your DUI charge is reduced to reckless driving involving alcohol. Benefits include lower fines, shorter probation, shorter or no DUI class, and less insurance impact. However, it still counts as a prior DUI if you get another one.
Can I refuse a breathalyzer test?
You can refuse, but all states have "implied consent" laws meaning refusal triggers automatic penalties — typically a longer license suspension than a failed test. Some states also allow the refusal to be used as evidence against you.
Have More Questions?
A DUI attorney can answer questions specific to your case and state during a free consultation.
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