Is DUI Only for Alcohol?
The term DUI stands for “driving under the influence” and refers to operating a vehicle while intoxicated. The US limit is 0.08% blood/alcohol count (BAC), and surpassing this limit and driving will result in a DUI if caught.
So is DUI only for alcohol? The answer is no, DUIs are not restricted to just alcohol consumption. Operating motor vehicles whilst under the influence of other drugs, both recreational and prescription, is also an offense and can also result in a DUI. There are various methods for measuring and determining whether someone is driving under the influence, with some being more accurate than others depending on the type of drug being assessed.
What’s the difference between DUI and DWI?
Often confused with a DUI is a DWI. The reason why they’re so often conflated is understandable, as the differences between the two are not straightforward. There ‘s not a standard definition that separates the two, and federal laws cannot differentiate between the two. Both violations usually refer to very similar driving offenses and each often has financial and legal ramifications.
As previously mentioned DUI stands for “driving under the influence”. A DUI is a result of driving with an excessively high level of alcohol in your bloodstream. The national BAC is 0.08% but some people may still face charges at 0.01% (age-dependent).
Some states do not require a BAC using a breathalyzer. Instead, DUIs can be issued as a result of erratic behavior, suspicion of influence, or a field sobriety test.
On the other hand, DWI stands for “driving while impaired”. In certain states, this is identified as driving while intoxicated and therefore falls under the same category as a DUI. In those states, DWIs usually refer to driving while under the influence of drugs rather than alcohol.
Drivers can be charged with both DUIs and DWIs as a result of a failed field sobriety test. This can occur even when the BAC falls below the state’s legal restrictions. The state in which the offense takes place is crucial to the legal result. States that have a zero-tolerance policy might not distinguish between DUIs and DWIs.
However, not all states recognize DUI and DWI offenses as equal. States that make a distinction between the two often consider a DWI as a more serious offense. In some cases, you’re offered to reduce a DUI charge to a DWI when it’s a first-time offense.
Both violations are considered very serious and are hard to overturn, especially if the evidence is stacked against the alleged offender.
DUIs and DWIs will result in one or more of the following repercussions:
- Driving license suspension
- Compulsory community service
- A fine
- More expensive car insurance
In certain cases, following a DUI or DWI, drivers are made to install an ignition interlock device on their steering wheel. This acts as a breathalyzer that will prohibit the driver from starting their car if they exceed 0.0% BAC.
The statistics surrounding DUIs and DWIs in the US show that a fatality occurs every 50 minutes due to drunk driving each year according to the NHTSA. Over 1 million drivers were arrested for driving under the influence in 2016, whilst 32% of alcohol-related crashes result in death. The yearly expenditure on alcohol-related crashes exceeds $40 billion. Recreational drugs and prescription drugs are influenced in 16% of motor vehicle crashes.
Driving Under the Influence of Drugs
DUIs are usually associated with alcohol-related driving offenses but can also include other drugs. A survey conducted in 2010 found that approximately 10 million Americans had driven under the influence of illegal drugs in the preceding year. Almost a fifth of fatal injuries were caused by people driving under the influence of drugs as per the National Highway Traffic Safety Administration.
Measuring other drugs in DUI cases can be more complex than a simple breathalyzer. An example of this is the detectable component of marijuana which can be found in urine for four to five weeks after use, making it difficult to pinpoint the time of use.
Conversely, cocaine will only remain in someone’s system for approximately 24 to 48 hours. The current level of understanding around measuring drug use is some way behind alcohol detection and measurement.
In some states, Drug Recognition Experts are employed to adhere to guidelines determining drug use in drivers. These experts take a close look at a potential offender’s eye movements and behavior to determine drug influence. 44 states currently use drug recognition experts to help determine drivers who may be operating vehicles whilst under the influence of illegal or prescription drugs.
Is a DUI a Felony?
In short, sometimes. In many jurisdictions, people who receive a first-time DUI are usually charged with just a misdemeanor. In cases where someone is severely injured or killed because of a drink-driving offense, individuals responsible will be charged with a felony.
In certain states, people will be charged with felonies despite it being a first-time offense if the BAC is excessively high. The level of BAC deemed too high by the state will vary from jurisdiction to jurisdiction. In most states, exceeding 0.15 will land you in hot water.
If someone is arrested for a DUI offense or similar whilst suspended from driving, they may receive a high-level offense as a result. Many states will charge individuals with multiple DUIs with felony convictions if this has occurred multiple times. A third arrest for a DUI or similar after two prior convictions will usually result in a felony conviction in most US states.