Understanding the Elements of a DUI

A DUI, or driving under the influence, is generally the term used to refer to a drunk driving offense. However, in many jurisdictions, the terms “driving while intoxicated” or “DWI” are used to refer to the same types of offenses. However, not every jurisdiction recognizes both, and some jurisdictions assign different meanings depending on which acronym is used.

An example of this would be how the state of Texas distinguishes a DUI from a DWI when charging someone with a drunk driving violation. A DWI is generally reserved for those who are older than 21 years of age, while a DUI is a drunk driving offense used to charge those who are minors. It should be noted that there are some situations in which people between the ages of 17 and 20 years old can be charged with either one in Texas.

In general, a DUI means that the driver was operating their vehicle while under the influence of substances other than or in addition to alcohol. Examples include illegal drugs and/or prescription medications. Alternatively, the acronym DWI will usually only apply to drunk driving charges that involve alcohol; as such, the term “intoxicated” is used in its full definition.

A DWI can become a more serious offense depending on the level of intoxication of the driver. This is known as a driver’s blood alcohol concentration, or “BAC,” which is essentially the amount of alcohol in the driver’s bloodstream. In such cases, a driver who has a high BAC level and is charged with a DWI violation may receive a harsher sentence than someone who is charged with a DUI. This is due to the amount of alcohol that is found in their system.

The person charged with a DUI may only have a trace level of prescribed medication that impairs their ability to drive a vehicle, while the person being charged with a DWI could have consumed multiple drinks in a short span of time. This would cause them to blow more than the standard legal limit of a BAC level of 0.08%. As such, the person with the DUI could receive a lower punishment simply based on the fact that they did not drink alcohol, but rather took a substance that did not register.

You should speak with a local lawyer about the differences between the DUI and DWI laws in your state. These laws vary widely by state, and may involve different kinds of penalties and/or legal defenses depending on the facts of your case.

What Is Required For A DUI Charge?

To reiterate, a DUI occurs when a person is caught operating a motor vehicle while under the influence of a substance such as alcohol. In states that have legalized it, cannabis is included in what could constitute a DUI charge. The driver does not need to be markedly impaired, and a blood-alcohol concentration (“BAC”) of 0.08 or higher will automatically result in a DUI.

While DUI laws vary from state to state, most states will require the following elements to be present in order for a DUI charge to apply:

1. The driver is operating a vehicle; and
2. The driver is intoxicated.

Each state has their definition of what “operating a vehicle” means, and it can vary from:

• The driver has the engine on, but the vehicle is parked;
• The keys are in the engine and driver intends to turn it on;
• The driver is pushing the vehicle;
• The car is broken down and driver is in the driver’s seat;
• The engine is running but the driver is asleep; and
• If the keys are not in the ignition, but the driver has the keys in their possession and is behind the wheel.

Ultimately, what it means to operate a vehicle will vary from state to state. As such, it is important to ask an attorney what your jurisdiction considers to be operating a vehicle.

In most states, a DUI can be issued for operating:

• Automobiles;
• Trucks;
• Motorcycles;
• Boats;
• Tractors;
• Mopeds;
• Snowmobiles; and
• Any kind of heavy machinery that can be driven.

It is important to note that some states even consider horses or bicycles to be vehicles. What this means is that, much like what it means to operate a vehicle, the vehicle itself is also up to interpretation based on the state where the DUI has occurred.

What Does It Mean To Be Under The Influence?

As many states have legalized cannabis, it is possible to be charged with a DUI if you smoke or consumer cannabis and drive. Additionally, it is possible to be charged with a DUI if you have taken strong prescription drugs, regardless of whether you obtained the medication legally.

While there are no tests such as a breathalyzer for cannabis or medication, police officers and highway patrol can administer the same sobriety field tests as they would for alcohol. To reiterate, it is not just alcohol that can result in a DUI conviction.

Some states do specify that a DUI can only be issued if the driver operated their vehicle while in a public area. Other states do not specify, meaning that even if you were driving your vehicle on private property, you can still be charged with a DUI.

It is also important to note that you do not have to be on a road or a highway in order to be charged with a DUI. Examples of places in which you can be charged with a DUI include:

• Parks;
• Parking lots;
• Road shoulders;
• Trails; and
• Anywhere you can drive a vehicle.

What Are The Most Common Examples Of DUI Penalties?

The penalties associated with being convicted of charges involving DUI or DWI violations can vary based on:

• The facts of a particular case;
• The laws of an individual state; and
• The number of times that the person has been charged or convicted of such crimes in the past.

Generally speaking, the penalties assigned for DUI or DWI offenses in most states include the following forms of punishment:

• For a DUI or DWI violation that is charged as a misdemeanor offense:
  • A sentence in county jail for up to one year;
  • Criminal fines, generally ranging between $500 and $1,000, with the
  • maximum set at no greater than $1,000;
  • Community service; and/or
  • Increased auto or car insurance rates.
• For a DUI or DWI violation that is charged as a felony offense:
  • A sentence in state prison for one year or longer;
  • Criminal fines, generally a minimum of $1,000;
  • Community service hours;
  • Probation or possibility of parole;
  • Temporary or permanent license suspension or revocation;
  • Mandatory counseling and/or treatment programs;
  • Traffic or defensive driving classes;
  • Vehicle registration suspension, confiscation, or impoundment;
  • Ignition interlock device installations; and/or
  • Increased auto or car insurance rates.

The more times that a drunk driver is convicted of a DUI or DWI offense, the higher the chances they have of receiving more serious forms of punishment. Additionally, a person may need to be a repeat offender in order to receive harsher penalties.

An example of this would be how a driver will automatically be charged with a felony DUI offense if they cause death or serious injury to another person in a drunk driving incident. A drunk driver can also face felony charges if they were speeding and/or exceeded the high BAC level percentage set by the laws in their state.

Additionally, if the driver was engaged in another crime while drunk such as drag racing or grand theft auto, this could constitute a felony offense.

Do I Need A Lawyer For Help Understanding The Elements Of A DUI?

If you have been charged with a DUI, you should contact a local DUI/DWI lawyer. Your attorney can help you understand your legal rights and options according to your state’s specific laws, and will also be able to represent you in court as needed.