Most jurisdictions say that DUI, DWI or DWAI are criminal offenses. In particular, DUI is usually charged as a misdemeanor offense that can lead to up to six months or a year of jail time.
By contrast, traffic violations are infractions in most states. While a traffic infraction is a violation of the law, it is typically not considered a crime. Infractions are often punishable by a traffic ticket and a fine.
Examples of infractions are common moving violations or traffic offenses such as:
- speeding,
- failing to stop at a stop sign, and
- running a red light.
That said, DUI can also be considered somewhat of a hybrid between a crime and a traffic violation. This is because
- you commit a DUI in the course of operating a motor vehicle, and
- a DUI and traffic violation share some of the same consequences – such as points on your driving record, and a possible driver’s license suspension.
1. Is DUI a crime?
Most states say that DUI/DWI is a criminal offense. A DUI offense is most often charged as a misdemeanor.1
Misdemeanors are generally crimes punishable by no more than one year in county jail.2 They are less severe crimes than felonies, which are offenses that are punishable by more than one year in custody.
Note that the specific penalties for a DUI conviction will largely depend on:
- the facts of your case, and
- the DUI laws of the state in which you are convicted.
With that said, however, a first offense of drunk driving or driving with a blood alcohol content (BAC) of 0.08% or greater will often result in:
- custody in jail for up to six months or a year,
- fines,
- a driver’s license suspension or revocation by the DMV,
- probation,
- enrollment in a DUI school,
- community service, and
- installation of an ignition interlock device (IID).3
A DUI arrest for a second DUI will result in harsher penalties.
2. Is DUI ever prosecuted as a felony?
Many states say that a prosecutor can charge a DUI case as a felony DUI in three instances. These are when:
- you were convicted of prior DUIs,
- you drove a motor vehicle while intoxicated and caused a person to suffer physical injury, or
- you drove under the influence and caused someone’s death (often called vehicular manslaughter).
3. Will a DUI give me a criminal record?
Because DUI is a crime, a DUI conviction will result in you having a criminal record.
A “criminal record” is essentially a record of your criminal history. It is sometimes referred to as “RAP sheet.”
A RAP sheet will show all the criminal offenses you have been convicted of. Some jurisdictions also say that traffic violations can go on your criminal record.
Criminal records are generally discoverable by employers when they perform a background check.
Background checks will typically disclose such things as:
- past criminal convictions,
- negative information on a credit report, and
- negative housing information (for example, prior evictions).
Most jurisdictions say that a DUI conviction will remain on your criminal record for the rest of your life.
4. Can an expungement help?
Yes. An expungement is when the court orders the state to destroy your criminal record.4
Some states offer record seals instead of expungements.
A record seal means that your criminal history gets hidden from most entities instead of destroyed.
If your criminal record is expunged or sealed, the result is that you do not have to mention it on a job application or in a job interview.
5. Do I need an attorney if I am arrested for DUI?
Yes. You should obtain legal advice from a defense lawyer or DUI lawyer if you were charged with a DUI offense.
A criminal attorney or law firm can help in several important ways if you are facing criminal charges of DUI. For example, a DUI attorney can:
- help you get out of jail following a DUI arrest,
- attend court dates on your behalf,
- negotiate with the prosecutor to arrive at a favorable plea deal (for example, getting a DUI charge dropped to a reckless driving charge), and
- help you contest a DUI charge with a legal defense.
6. What are the best defenses to a DUI charge?
Note that a few common legal defenses to DUI charges include a lawyer showing that:
- you were driving below the legal limit (or with a blood alcohol level below 0.08%),
- you were not “under the influence,”
- the police made an error in issuing a breathalyzer test or conducting field sobriety tests, and
- the police stopped you without probable cause.
Note too that a criminal defense lawyer can help you get an expungement or record seal if you were found guilty of DUI.
In our experiences in helping DUI clients, you will more effectively navigate the court process and achieve better case results when represented by a DUI attorney.
Legal References:
- See, for example, Revised Code of Washington 46.61.502.
- See, for example, 730 Illinois Compiled Statutes 5/5-4.5-55.
- See, for example, Florida Statutes 316.193.
- Black’s Law Dictionary, Sixth Edition – “Expungement of record.”