Alcohol & Health
Treatment
Helping Alcoholics
Medically Reviewed by Annamarie Coy, BA, ICPR, MATS
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A DUI, or “driving under the influence,” is a criminal charge for drunk driving. Although it refers to the influence of alcohol, it can also refer to other drugs, such as cannabis or opioids.
In some states, a DUI is called a DWI, meaning “driving while intoxicated.” Anyone operating any motorized vehicle can be charged with this offense. This includes vehicles such as:
A DUI is a criminal offense in many states, and a DUI conviction will appear on criminal records as a misdemeanor or felony.
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You can get a DUI by going past the legal driving limit. The legal driving limit determines how much blood alcohol concentration (BAC) is allowed to drive a vehicle.
The legal driving limit varies depending on the state. However, most states have a set legal limit of 0.08% BAC. Anything above that is already considered drunk driving.
It’s easy for anyone to drink too much, especially if they have low alcohol tolerance. This is why avoiding drinking altogether when using a motorized vehicle is best.
Misdemeanor DUI offenses are less severe than felonies. The first DUI arrest is usually treated as a misdemeanor, but subsequent DUI convictions will likely result in felony charges.
A DUI misdemeanor typically leads to jail time, fines, and the loss of driving privileges. On the other hand, a felony offense can lead to imprisonment for more than one year.
A felony DUI conviction is filed if someone is killed or injured by a drunk driver.
The length of time that a DUI or DWI will stay on your record depends on state laws. Some states have a “washout period” that could let a DUI record stay for five to fifteen years, while others keep these offenses on your driving record for life.
Some states declare two or more misdemeanors as a felony. However, it’s essential to understand that DUI and DWI parameters differ from state to state.
States That Keep a DUI Record for 5 Years
States that keep a DUI on your criminal record for 5 years include:
States that keep a DUI on your criminal record for 7 years include:
States that keep a DUI on your criminal record for 10 years include:
States that keep a DUI on your criminal record for 11-15 years include:
States that keep a DUI on your criminal record for life include:
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Penalties and consequences for a DUI depend on the state where you committed the violation. It may include facing law enforcement, fines, and jail time.
There are also longer-term consequences of having a DUI on your record. These include:
Sometimes, the consequences of a felony DUI charge may result in losing the right to vote. However, this varies by state; not all felons lose this right.
You may lose the right to sit on a jury or own a firearm. A DUI will also make it challenging to find a job because of criminal background checks. Getting a commercial driver’s license and other professional licenses may also be challenging because you must fully disclose your criminal history.
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In short, yes. If someone is charged with a DUI and convicted outside their home state, the DUI will be transferred to their permanent record wherever they reside.
Most states participate in the Driver’s License Compact Nonresident Violator Compact to share information about driving records. This is independent of a Department of Motor Vehicles (DMV) background check.
If someone is charged with a DUI in their home state and then moves to another state, their license will still be suspended in their new area of residence. The offender cannot obtain a new license until the suspension period is satisfied from the state of conviction.
In some states, a DUI record may be expunged, so it will no longer be a part of your criminal history.
To get a DUI expunged, you must meet the following requirements:
A DUI defense attorney or lawyer can provide everything from legal advice to criminal defense for new DUI charges. DUI lawyers are also helpful in seeking the expungement of DUI criminal convictions.
Numerous law firms and offices throughout the United States focus solely on DUI laws and fight DUI convictions.
Drinking under the influence, or DUI, is a criminal charge for drunk driving. Although it’s primarily associated with alcohol, it can also refer to other substances, such as opioids or cannabis.
The first DUI charge is typically a misdemeanor, but repeat offenses can lead to a felony charge. You can also be charged with a felony if someone is injured or killed while driving.
A DUI can stay on criminal records for over 15 years, depending on the state. Although removing a DUI from your criminal history is possible, you must meet several requirements and legal help to avoid harsh sentencing.
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