DUI is an acronym for driving under the influence. Every state in the U.S. has some version of a DUI law that prohibits an individual from operating a motor vehicle while under the influence or intoxicated by a substance known to impair their motor skills.
Certain states have different categories of DUIs that involve different substances, for example:
- Alcohol;
- Illegal drugs; or
- Over-the-counter medications.
Some states also have different types of vehicles in their laws, such as:
- Bicycles;
- Mopeds; or
- Golf carts.
There are also other names states may use to identify DUIs, including:
- DWI: Driving while intoxicated;
- OUI: Operating under the influence; and
- OMVI: Operating a motor vehicle intoxicated.
What Substances Are Included in DUI Laws?
Any substance that impairs an individual’s ability to operate a motor vehicle safely may be included in the DUI laws of a state, including legal substances. Alcohol is the legal substance that is most commonly included.
Other substances that may be included in a DUI law include:
- Illicit or illegal contraband drugs, such as:
- heroin;
- cocaine;
- PCP; and
- other drugs;
- Marijuana;
- Prescription medication such as:
- painkillers;
- sleeping meds;
- muscle relaxers; and
- Over-the-counter medicines, such as antihistamines like Benadryl.
If an individual has been prescribed medication that includes a warning such as “do not operate heavy machinery,” it is likely that using this medication while operating a vehicle may result in a DUI charge.
Is a DUI the Same as Drunk Driving?
If an individual operates a motor vehicle while they are under the influence of any substance that may impair their senses, they can be:
- Ticketed;
- Criminally fined;
- Arrested; or
- Charged with driving under the influence.
Drunk driving and DUI are, in essence, the same thing. Although drunk driving specifically refers to driving while under the influence of alcohol, DUI may include a broad category of substances that impair an individual’s motor skills.
Examples of other types of intoxicants may include, but are not limited to:
- Illicit or illegal drugs;
- Cannabis;
- Prescription medications such as muscle relaxers; and
- Over-the-counter medication such as antihistamines such as Benadryl.
Some states have different classifications for DUIs, such as alcohol or the substances noted above. In addition, as noted above, different states may include different vehicles in their DUI statutes, such as:
- Bicycles;
- Boats;
- Mopeds; and
- Golf carts.
What Is a Felony DUI?
A felony DUI is a type of criminal charge found in most states that have expanded their DUI laws. Most states provide that an individual’s first DUI offense will result in a misdemeanor charge.
There are, however, some situations where a DUI offense may result in felony charges instead of misdemeanor charges. Typically, a misdemeanor conviction will result in a sentence of no more than one year in addition to criminal fines.
A felony conviction, on the other hand, typically results in a sentence of five to ten years in a state or federal prison facility in addition to higher criminal fines.
Examples of actions that can be considered felony drunk driving in nearly every state include, but are not limited to:
- Drunk driving resulting in the death or severe injury of another individual, such as another person or a passenger;
- Vehicular manslaughter;
- This is the unintentional killing of another individual using a vehicle;
- Assault with a deadly weapon;
- This is because a vehicle may be considered a deadly weapon;
- Repeat offenses;
- For example, a third DUI offense is typically charged as a felony;
- Driving with a restricted, revoked, or suspended driver’s license;
- Driving with a highly elevated blood alcohol concentration level; and
- Having children in the vehicle while driving under the influence.
It is important to note that the specific details for a DUI offense may vary by state. Some states have expanded the definition of a motor vehicle, while others only include automobiles, such as cars and trucks.
The most common type of felony DUI charge is a repeat offense. An individual may be charged with felony DUI if they have one or more prior DUI convictions, which shows the court that the individual has repeatedly engaged in this dangerous behavior.
What Are Some Consequences for Felony Drunk Driving?
Examples of penalties that a defendant may face for a DUI conviction include:
- Suspension or revocation of the individual’s driver’s license;
- Fines and court costs;
- Incarceration, particularly for subsequent offenders;
- Alcohol or drug rehabilitation or education that the court orders; or
- Ignition interlock installation.
In addition to these penalties, there may be restrictions placed on the individual’s driver’s license, including:
- Having their license restricted to driving for work or school purposes only;
- Complying with an ignition interlock device;
- Not being permitted to consume any alcohol or other substance while driving, even if it is consumed within the legal limit;
- Being prohibited from transporting children or other passengers;
- Being prohibited from driving a vehicle for money, for example, a taxi; or
- Revocation of a secondary license, including a CDL or motorcycle license.
In addition to the punishments a defendant may face for committing a felony, an individual may also face many other consequences. Examples of these additional consequences may include, but are not limited to:
- A temporary or permanent loss of driving privileges, for example, having their driver’s license suspended or revoked;
- Monitoring measures such as being placed under house arrest, ignition interlock devices, or secure continuous remote alcohol monitoring (SCRAM) ankle bracelets; and
- The loss of certain civil privileges, including:
- The right to vote;
- The right to own a firearm; and
- The loss of visitation privileges or child custody, especially if the child was involved in the DUI.
In addition, it is much more difficult to expunge or seal a felony from an individual’s criminal record. Felony drunk driving is typically considered to be an especially serious felony crime.
Are There Any Defenses for a DUI?
Certain affirmative DUI defenses may be presented, such as:
- Duress;
- Entrapment, for example, if an officer encourages the driver to become intoxicated and then drive;
- Mistake of fact; and
- Involuntary intoxication, for example, is if the individual has been drugged and is unaware that they were ingesting an intoxicant.
Other common DUI defenses include:
- Improper stop;
- Inaccurate field sobriety test;
- Inaccurate portable breathalyzer test;
- The blood test’s chain of custody; and
- Rising blood alcohol concentration.
It is important to note that the defenses available to a defendant will depend on the circumstances surrounding the DUI. An individual needs to have the assistance of an attorney who can determine what defense would best suit their case.
Do I Need an Attorney for Felony Drunk Driving or Felony DUI?
If an individual faces felony DUI charges, they should consult with a DUI/DWI attorney as soon as possible. Your lawyer can advise you of the specific DUI laws in your state, for example, what constitutes a motor vehicle and impairment.
Your lawyer can also help protect your rights and determine what defenses are available to you based on the facts of your case. Your attorney will also appear with you each time you must be in court.
In some cases, your lawyer may be able to negotiate with the prosecution to have the charges against you reduced or even dropped.
