DUI & DWI Defense
Arrested for driving under the influence? What DUI and DWI mean, field sobriety and breath tests, refusing a test, penalties by offense, license suspension, and the common ways a DUI is fought. Limits and penalties vary by state.
All DUI & DWI Defense guides
- DUI Penalties: First, Second, and Third Offense
How DUI penalties escalate by offense number, what lookback periods mean, and when a DUI becomes a felony. General info, not legal advice.
- What Is a "Wet Reckless" Plea?
A wet reckless is a reduced DUI plea to reckless driving with an alcohol notation — lighter penalties, but it can still count against you later.
- Felony DUI Explained
What turns a DUI into a felony - repeat offenses, injury, a child passenger, or high BAC - and why the rules vary sharply by state.
- Boating Under the Influence (BUI)
BUI (boating under the influence) explained in plain English: the 0.08 standard, how water stops differ from DUI stops, license risk, and what to do.
- What Happens When You're Arrested for a DUI
A DUI arrest starts two clocks at once: a criminal case and a license hearing with a short deadline. Here's what to do first.
- Can You Refuse a DUI Breath or Blood Test?
Yes, you can refuse — but refusal triggers automatic license suspension and can be used against you. Here's how it actually works.
- DUI and Your Job or Security Clearance
How a DUI can affect your job, license, or security clearance, and what reporting duties and deadlines you may face.
- CDL Commercial Driver DUI
CDL holders face a 0.04 BAC limit and can lose their commercial license even for an off-duty DUI in a personal car.
- How to Fight a DUI Charge: Common Defenses
Learn the real defenses used to fight DUI/DWI charges: bad stops, faulty tests, rising BAC, medical issues, and motions to suppress.
- DUI and Immigration Consequences
A simple first DUI usually isn't deportable, but drugs, a child passenger, injuries, or multiple offenses can change that fast.
- DUI Causing Injury or Death
DUI causing injury or death is usually a felony with far harsher penalties than a standard DUI. How causation is proven and what to do next.
- Are DUI Checkpoints Legal?
Sobriety checkpoints are legal under the U.S. Constitution per Michigan v. Sitz, but about a dozen states ban them under their own constitutions.
- DUI With a Child in the Car
DUI with a child in the car often means enhanced penalties, a separate child-endangerment charge, and possible CPS involvement.
- What Happens at a DUI Arraignment and DMV Hearing
A DUI triggers two separate proceedings — a criminal arraignment and a DMV license hearing with a short deadline. Here's what to expect in each.
- Out-of-State DUI: What Happens to Your License?
An out-of-state DUI can hit your license twice: once where you were arrested, and again at home once your state finds out.
- Underage and Zero-Tolerance DUI
Under-21 drivers face near-zero BAC limits, separate license consequences, and often a short deadline to fight a suspension.
- Ignition Interlock Devices Explained
How ignition interlock devices work, when courts require them (often even for a first DUI), what they cost, and what a violation means.
- Can You Get a DUI on Prescription Drugs?
Can prescription meds get you a DUI? Yes — impairment is what counts, not whether the drug was legal. What to know and do.
- DUI License Suspension and Hardship Licenses
Administrative vs. court DUI suspensions, the short DMV hearing deadline, and how hardship/restricted licenses work.
- DUI Diversion and First-Offender Programs
First-offender DUI diversion programs can dismiss or reduce charges but vary by state/county — what to check and steps to take.
- Field Sobriety Tests and Your Rights
Field sobriety tests are usually voluntary with no direct penalty for refusing. Learn how they work and your rights during a DUI stop.
- How Long Does a DUI Stay on Your Record?
A DUI can mean three separate clocks: criminal record, driving record, and the lookback period for future charges. Here's how they differ.
- Breathalyzer and Implied Consent Laws
Implied consent, license penalties for refusing a breath/blood test, Birchfield v. North Dakota, and breathalyzer accuracy defenses explained.
- Drugged Driving and Marijuana DUI
DUI/DWI covers marijuana and prescription drugs, but THC has no reliable per se test. Know your rights and next steps.
- SR-22 Insurance After a DUI
What an SR-22 or FR-44 is after a DUI, why it's required, how it raises premiums, and how long you must carry it.
- DUI vs. DWI: What's the Difference?
DUI vs. DWI explained: what the labels mean, the 0.08% BAC limit, per se vs. impairment charges, and your rights during a DUI stop.