Criminal Defense · Haute Lawyer Network
What Is a DUI Charge and How Is It Defended?
Last reviewed: June 2026
Driving under the influence (DUI) — also called DWI in some states — is a criminal offense involving operating a motor vehicle while impaired by alcohol or drugs.
In most states, a blood alcohol content (BAC) of 0.08% or higher creates a per se DUI — meaning you are legally impaired regardless of how you appear or perform on field sobriety tests.
Penalties increase with higher BAC, prior DUI convictions, accidents causing injury or death, and the presence of minors in the vehicle.
A first-offense DUI typically results in license suspension, fines and fees totaling several thousand dollars, mandatory DUI education programs, and possible jail time. Felony DUI — charged when a DUI involves injury, death, or multiple prior convictions — carries state prison sentences.
Common DUI defenses include:
- Challenging the legality of the traffic stop.
- Challenging the reliability of field sobriety tests and the breathalyzer or blood test.
- Challenging the chain of custody of chemical test evidence.
- Medical conditions that can produce false positive results.
Frequently Asked Questions
Should I refuse a breathalyzer test?
Most states have implied consent laws — by driving, you consent to chemical testing. Refusal typically results in automatic license suspension that is often longer than the DUI suspension itself.
Can a DUI be expunged?
In some states yes, after completing the sentence and a waiting period. The availability of DUI expungement varies significantly by state.
Does a DUI affect my car insurance?
Yes, significantly. A DUI conviction typically results in substantially higher insurance premiums for 3-7 years.
What is an ignition interlock device?
A breathalyzer installed in your vehicle that requires a clean breath sample before the car will start. Commonly required as a condition of license reinstatement after a DUI.
Can I represent myself in a DUI case?
Technically yes, but DUI cases involve complex evidentiary and procedural issues — challenging chemical tests, suppressing improper stops, cross-examining expert witnesses — that require legal expertise. Even for a first offense, an attorney can often achieve better outcomes than self-representation.
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