DUI/DWI

Drunk Driving Laws and Penalties

What is considered a DUI and the penalties you can expect if you are convicted

Implied Consent: Can You Refuse a Blood, Breath, or Urine DUI Test?

Find out what implied consent is and what would happen if you refuse a blood, breath, or urine test if you are pulled over.

“BAC” Stands for “Blood Alcohol Concentration”

How is "BAC" measured and how does it tie in with DUI laws?

Ignition Interlock Devices (IIDs) in DUI Cases

How ignition interlock devices work, when IIDs are required, and the costs of IIDs for drivers.

Underage DUI Laws and Penalties

The legal consequences of teen drinking and driving, including license suspension and other penalties.

Probable Cause for a DUI Arrest

The evidence required for an officer to make a traffic stop and arrest someone on suspicion of drunk driving.

Blood Alcohol Tests in DUI Cases

When police can require DUI suspects to take a blood alcohol test to determine BAC or whether they’ve been using drugs.

Urine Alcohol and Drug Testing in DUI Cases

How DUI urine testing works and when police can require a DUI suspect to take a urine test to detect drugs or alcohol.

Alcohol Breath Tests in DUI Cases

How breathalyzer machines are used to measure the amount of alcohol in a driver’s system and when the results are admissible in DUI prosecutions.

DUI Field Sobriety Testing

Roadside tests officers use to examine drivers for impairment and how test results can be used in court.

SCRAM Alcohol Ankle Monitoring Bracelets

How continuous alcohol monitoring systems work and when they’re required.

What Makes a DUI a Felony?

The circumstances when a DUI can be a felony and the possible penalties.

Substance Abuse Evaluations in DUI Cases

An overview of court-ordered alcohol and drug evaluations related to drunk driving cases.

How Do I Get a “Hardship” or “Restricted” License to Drive During a Suspension or Revocation?

What a hardship license is, when it is available, and how to obtain one.

Driving Under the Influence of Marijuana

How DUI laws apply to driving while “high” on marijuana and the penalties for a conviction.

Aggravating Factors and Sentencing Enhancements for DUI Convictions

How certain circumstances can enhance the penalties of an impaired driving conviction.

Drunk Driving Laws: What Is a “Per Se” DUI?

The differences between a per se and an impairment DUI and the requirements for a per se conviction.

DUI Definitions: What Counts as “Operating,” “Driving,” and “Being in Actual Physical Control” of a Vehicle?

How state DUI laws differ in defining the “driving” element of drunk driving.

DUI First-Offender and Diversion Programs

Dismissal options for DUI first offenders.

When Do Prior DUI Convictions “Washout”?

More so than with other criminal offenses, the possible penalties for a driving under the influence (DUI) conviction depend on how many prior convictions the driver has. DUI recidivism has always been a problem. Legislatures have responded to this problem by dramatically increasing the penalties for

Do I Have to Attend a Victim Impact Panel (VIP) If I’m Convicted of Drunk Driving?

Impaired driving convictions generally carry severe penalties like jail time and fines. However, state Legislatures have also come up with a plethora of requirements for DUI offenders that are aimed at reducing recidivism. For example, it’s common for states to have mandatory treatment programs to

DUI Laws: Driving Under the Influence of Drugs and Controlled Substances

The majority of DUI arrests relate to drunk driving. However, a driver can also face DUI charges for operating a vehicle while under the influence of controlled substances, drugs, or nearly any other impairing substance. Even in situations where a driver’s use of a medication or drug was lawful (because

DMV Administrative License Suspension for a DUI

Impaired driving is illegal in every state and a DUI conviction can result in severe penalties. But states also have laws that allow the Department of Motor Vehicles (DMV) to administratively suspend (sometimes called an “administrative per se” suspension) the license of drivers who are just arrested

Will I Go to Jail for a DUI Conviction?

Impaired driving is a serious offense that leads to countless death each year. So the DUI laws of all states authorize—and sometimes mandate—judges to sentence DUI offenders with jail time. However, lots of factors can affect how much (if any) time a DUI offender will actually spend behind bars.

Will a Public Defender Do a Good Job in a DUI Case?

For many people facing DUI charges, hiring a private lawyer either isn’t an option at all or would be a substantial financial burden. Generally, private attorneys charge at least a few thousand dollars to handle a DUI case. Public defenders (and other court-appointed attorneys), on the other hand,

Plea Bargaining in DUI Cases for a “Wet Reckless”

In some DUI (driving under the influence) cases, the accused motorist will have some legitimate defenses for fighting the charges. Depending on the situation, it might even make sense to take the case to trial. But in the majority of DUI cases, the facts are fairly straightforward and there aren’t

DUI Defenses

Every state has laws prohibiting impaired driving. The main purpose of these laws is straightforward—to protect the public by discouraging motorists from drinking and driving. However, the technical aspects of how DUI laws define the offense sometimes provide opportunities to fight and beat DUI charges.

Drinking and Driving with a Child in the Car

Drunk driving carries severe criminal penalties due to the risks it poses to others. In many states, the penalties for a DUI are even more severe if the driver knowingly puts children at risk by operating a vehicle drunk with kids in the car. Driving under the influence (DUI) with child passengers can

DUI Checkpoints

Despite the continued efforts of law enforcement and state lawmakers, impaired driving continues to be a serious safety concern on the nation’s roadways as it’s the cause of countless deaths and accidents each year. To combat drunk driving, law enforcement in many jurisdictions uses DUI checkpoints.

Can I Get a Job With a DUI Conviction on My Record?

In addition to the state-mandated penalties for an impaired driving conviction, a DUI can affect the offender’s personal and professional life, including his or her employment. Many employers frown upon any criminal history and certain jobs prohibit DUI convictions outright. But there are ways to reduce

Can I Use CBD While Driving?

Cannabidiol (CBD) has become quite popular as a remedy for a plethora of ailments and medical conditions. CBD products are generally over-the-counter, so you don’t need a prescription or medical clearance card to buy or use them. CBD products are widely available in grocery stores, pharmacies, and

Can You Get a DUI on Private Property?

Every state has DUI laws that prohibit drunk, high, or otherwise impaired driving. In most DUI cases, the focus for the prosecution is on proving that the driver was under the influence and was actually operating (or attempting to operate) a vehicle. But a key factor in many states is also where the

What Happens if a Commercial Driver Gets a DUI?

Commercial drivers are generally subject to more stringent rules and requirements than most other drivers. And the rules related to alcohol consumption and impaired driving are certainly no exception. For commercial drivers, the amount of alcohol it takes to get a DUI is much lower, while the consequences

Hiring a Private DUI Lawyer to Handle Drunk Driving Charges

Driving under the influence (DUI) is a serious offense that carries severe penalties. And there can be long-lasting consequences of having a DUI conviction on your record such as increased insurance rates and employment limitations. So, if you’ve been arrested for a DUI, there’s a lot on the line.

Colorado’s DUI and DWAI Laws and Conviction Penalties

Like all states, Colorado prohibits driving while under the influence of drugs or alcohol. Colorado has two classifications of intoxicated driving—“driving under the influence” (DUI) and “driving while ability impaired” (DWAI)—that carry slightly different penalties. This article outlines