What is DUI?

• Driving under the influence of alcohol
• Driving while intoxicated
• Drunk driving
• Drinking and driving

Simply put, is the act of operating a motor vehicle (Whether it is a car, truck, and even a bicycle, or boat in some jurisdictions) after having consumed alcohol or other drugs, to the degree that mental and motor skills are impaired.

Perhaps responsible for more damage then any other specific crime, drunk-driving is responsible for a large number of deaths, injuries, damage and accidents every year. Most people do not fully realize the severity or potential damage that can result of having a few beers, a couple glasses of wine and then driving home.

The first question most people who have been pulled over for DUI/DWI is:

Is drunk driving a criminal offense? The simple answer is yes.

Don’t be confused by the different names drunk driving is referred to as. It may be called, depending on the jurisdiction, driving while intoxicated (DWI), driving while impaired (also DWI), operating while intoxicated (OWI), operating a motor vehicle while intoxicated (OMVI), driving under the influence [of alcohol or other drugs] (DUI), driving under the combined influence of alcohol and/or other drugs, driving under the influence per se or drunk in charge [of a vehicle]. Such laws may also apply to boating, piloting aircraft, and even bicycling in some states such as California.

How does the law “prove” that you were actually drunk driving?

Evidence used to support the criminal offense of DUI / DWI generally comes from sobriety checkpoints, an officer's observations (erratic driving, slurred speech, unsteady gait, etc.), performance on field sobriety tests, and a legal (and generally rebuttable) presumption of intoxication from a blood alcohol test result over the legal limit. Although evidence of blood-alcohol concentration (BAC) is admissible as rebuttably presumptive evidence of said intoxication, it is not undeniable proof.

What are the DUI laws?

State law varies, below is an example of California “Driving under the Influence” laws:

DUI Minor Under Age 21 (Non-Injury) Statutes   (Link to following content)


California Vehicle Code § 23136
Blood Alcohol Concentration of .01 or greater; implied consent to testing; failure to submit to for complete testing

• Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law.
• A person shall be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.
• Any person under the age of 21 years who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a).
• The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of subdivision (a).
• The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person's privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.

California Vehicle Code§ 23140
Persons under 21 years of age; blood alcohol concentration of .05 or more

• It is unlawful for a person under the age of 21 years who has .05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
• A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person's blood alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of .05 percent or more, by weight, of alcohol in his or her blood.