Last reviewed: July 4, 2026 | By US Legal Brain Editorial Team
DUI (Driving Under the Influence) is the criminal offense of operating a vehicle while impaired by alcohol or drugs. Some states use different abbreviations: DWI, OWI, or OUI. They all refer to the same basic crime.
You can be charged with a DUI in two ways:
Drug-impaired driving is prosecuted the same way. This includes prescription medications if they affect your ability to drive safely. With marijuana legalization in many states, drug-recognition experts (DREs) are increasingly used to detect impairment.
| Driver Type | BAC Limit | Applies In |
|---|---|---|
| Adults 21+ | 0.08% | All 50 states |
| Commercial drivers (CDL) | 0.04% | All 50 states |
| Under 21 (zero tolerance) | 0.00-0.02% | All 50 states |
| Enhanced penalty threshold | 0.15-0.20% | Most states |
Utah lowered its limit to 0.05% in 2018, the strictest in the nation.
| State | Jail Time | Fine | License Suspension | IID Required |
|---|---|---|---|---|
| California | 48 hrs - 6 months | $390-$1,000 | 4-10 months | Some counties |
| New York | Up to 1 year | $500-$1,000 | 6 months | Court discretion |
| Texas | 3-180 days | Up to $2,000 | 1 year | Required |
| Florida | Up to 6 months | $500-$1,000 | 6-12 months | Required |
| Washington | 1 day - 1 year | $823-$5,000 | 90 days - 2 years | Required |
| Pennsylvania | 48 hrs - 6 months | $300-$5,000 | 12 months | Required (high tier) |
| State | Jail Time | Fine | License Suspension | IID Required |
|---|---|---|---|---|
| California | 96 hrs - 1 year | $390-$1,000 | 2 years | Required |
| New York | 5 days - 4 years | $1,000-$5,000 | 1 year | Required |
| Texas | 30 days - 1 year | Up to $4,000 | 2 years | Required |
| Florida | Up to 9 months | $1,000-$2,000 | 5 years | Required |
| State | Jail Time | Fine | License Suspension |
|---|---|---|---|
| California | 120 days - 1 year | $390-$1,000 | 3 years |
| New York | 1-7 years | $2,000-$10,000 | 1 year |
| Texas | 2-10 years | Up to $10,000 | 2 years |
| Florida | Up to 5 years | $2,000-$5,000 | 10 years |
After a DUI arrest, you face two independent legal processes running at the same time:
You can win one and lose the other. For example, you might beat the criminal case but still lose your license through the DMV hearing.
| Cost Item | Estimated Amount | Duration |
|---|---|---|
| Fines + court fees | $390-$5,000 | One-time |
| DUI defense attorney | $1,500-$5,000 | One-time |
| Insurance increase | $3,000-$10,000+ | 3-7 years |
| IID installation + maintenance | $500-$1,500/year | 6-36 months |
| DUI education program | $500-$1,800 | 3-9 months |
| License reinstatement fee | $100-$250 | One-time |
| SR-22 insurance filing | $15-$25/year | 3 years |
| Total estimated cost | $10,000-$25,000+ |
An IID is a breathalyzer wired into your car's ignition system. You must blow into it to start the engine, and periodically while driving (rolling retests). If your BAC exceeds the set threshold (usually 0.02%), the car won't start.
As of 2026, 34 states require IID installation for first-time offenders. Costs:
For non-citizens, a DUI can have serious immigration consequences:
If you're on F-1, H-1B, or any non-immigrant visa, a DUI arrest can trigger visa revocation by the State Department. Consult an immigration attorney immediately after any DUI arrest.
A skilled DUI attorney may challenge:
0.08% for adults 21+ in all 50 states. Commercial drivers: 0.04%. Under 21: 0.00-0.02% (zero tolerance). Utah has the strictest limit at 0.05%.
On your criminal record, a DUI stays indefinitely unless expunged. On your driving record, it stays 5-10 years in most states (10 years in California, 5 in New York). Insurance companies typically look back 3-7 years.
A single DUI is usually not deportable, but it can block "good moral character" for naturalization. Multiple DUIs or aggravated DUI (injury, child in car) can have serious consequences. Visa holders may face visa revocation.
It's strongly recommended. A lawyer can challenge the stop, the tests, and negotiate reduced charges. A public defender is available if you can't afford private counsel. Given the $10,000+ total cost of a DUI, legal fees are often worth it.
An IID is a breathalyzer installed in your car that prevents the engine from starting if your BAC is above 0.02%. Required in 34 states for first offenses. Costs $500-$1,500/year.
You can, but there are consequences. Under "implied consent" laws, refusing a chemical test triggers an automatic license suspension (6-12 months for first refusal) and can be used against you in court. In some states, refusal is a separate criminal offense.
This article is for informational purposes only and does not constitute legal advice. DUI laws change frequently and vary by state. Always consult a licensed attorney for your specific situation.
Need help understanding DUI consequences in your state? Ask our AI legal assistant - available 24/7 in English and Chinese.
A wet reckless (California Vehicle Code 23103.5) is a reduced charge from DUI. It is a reckless driving charge with alcohol involvement. Benefits: lower fines ($145-$1,191), no mandatory jail time, shorter license suspension (no admin suspension if you win the DMV hearing). However, a wet reckless still counts as a priorable offense if you get another DUI within 10 years.
In California, you can petition for DUI expungement under Penal Code 1203.4 after completing probation (typically 3-5 years). An expungement dismisses the case, but the DUI still appears on your DMV record for 10 years and still counts as a prior for future DUI charges. Other states have similar expungement or sealing procedures.
Yes. A DUI conviction appears on criminal background checks. This can affect employment, housing, professional licenses, and volunteer positions. Some states prohibit employers from asking about arrests that did not lead to convictions, but convictions are fair game. Expungement can help in some cases.
Refusing a breath or blood test triggers automatic penalties under implied consent laws: license suspension of 6-12 months (first offense), and in some states, mandatory jail time or higher fines if convicted. A refusal can also be used as evidence of guilt at trial.