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DUI and DWI Law

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DUI and DWI law concerns offenses involving operating a vehicle while impaired by alcohol or other substances. The terminology varies by jurisdiction — common terms include driving under the influence and driving while intoxicated — but the underlying concern is the same: alleged impaired driving.

These cases are distinctive because they typically combine a criminal matter with a separate process affecting a person's driving privileges. A single incident can lead to both a criminal case and a separate administrative proceeding concerning a driver's license, and these can move on different tracks with different rules and timelines. The evidence often involves observations by officers, field sobriety procedures, and chemical testing of breath or blood, and a significant part of the defense can focus on how that evidence was gathered and whether testing was conducted properly.

The usual protections of criminal law apply, including the presumption of innocence, the government's burden of proof, and the right to a lawyer. The specific rules, procedures, and consequences in this area vary considerably from place to place.

For a non-lawyer, the key points are that an impaired-driving charge can have both criminal and license-related consequences, that some related deadlines can be short, and that the details of testing and procedure often matter. People charged with a DUI or DWI commonly consult a lawyer promptly to understand both sides of the matter.

Share of classified federal decisions

18771900192519501975200020071.9%0
share of classified federal decisions

Of the federal decisions we've classified by topic, the share each year that fall under this practice area — so a persistently high line means this is a large, enduring share of federal litigation. This is not a share of all litigation: only part of the corpus is topic-classified (unevenly across eras), and an opinion can belong to several areas, so areas need not sum to 100%. State cases are largely unclassified, so this is federal only. The dip in the last several years is a data-coverage gap — our corpus holds fewer opinions from the most recent years — not a real decline.

Circuit splits in dui and dwi

Legal questions the federal courts of appeals are divided on — each links to the cases creating the split.

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Related practice areas

Traffic Ticket CasesAssault and Battery DefenseDrug Crime DefenseFederal Criminal DefenseJuvenile LawProbation and Parole ViolationsSex Crime DefenseTheft and Property Crime Defense

Primary law

The governing U.S. Code, statutes and founding documents for DUI and DWI Law.

Key definitions

Defined terms that recur in dui and dwi law — each links to its dictionary entry.

Probable CauseSearch and SeizureMisdemeanorIntoxicationPer Se Violation

DUI and DWI Law by state

Courts, law libraries and state-specific resources. State law governs much of this area, so deadlines and rules vary by state.

Further reading

  • Forensic Medicolegal Injury and Death Investigation - Paperback
    Forensic Medicolegal Injury and Death Investigation - Paperback
    M. D. Dudley
  • Data-Driven Law: Data Analytics and the New Legal Services - Paperback
    Data-Driven Law: Data Analytics and the New Legal Services - Paperback
  • Post-Execution Punishment: Attitudes, Legislative Initiatives and Policies - Hardcover
    Post-Execution Punishment: Attitudes, Legislative Initiatives and Policies - Hardcover
  • The Price of Justice in America: Commentaries on the Criminal Justice System and Ways to Fix What's Wrong - Hardcover
    The Price of Justice in America: Commentaries on the Criminal Justice System and Ways to Fix What's Wrong - Hardcover
    Paul Brakke
  • Long Way Home: A Young Man Lost in the System and the Two Women Who Found Him - Paperback
    Long Way Home: A Young Man Lost in the System and the Two Women Who Found Him - Paperback
    Laura Caldwell
  • The Revised Codes Of Montana Of 1907 V2, Part 4: Penal Code (1908) - Paperback
    The Revised Codes Of Montana Of 1907 V2, Part 4: Penal Code (1908) - Paperback
    E. C. Day
  • Brutal Takeover: The story behind the seizure of the global Stanford Financial Group and criminal prosecution of billionaire R. Allen Stanford - Paperback
    Brutal Takeover: The story behind the seizure of the global Stanford Financial Group and criminal prosecution of billionaire R. Allen Stanford - Paperback
    Robert H. Brame
  • Dsk: The Scandal That Brought Down Dominique Strauss-Kahn - Hardcover
    Dsk: The Scandal That Brought Down Dominique Strauss-Kahn - Hardcover
    John Solomon
  • Building Sexual Misconduct Cases Against Powerful Men - Paperback
    Building Sexual Misconduct Cases Against Powerful Men - Paperback
  • Criminalising Hate: Law as Social Justice Liberalism - Hardcover
    Criminalising Hate: Law as Social Justice Liberalism - Hardcover
    Mark Austin Walters
  • Children of the State: Stories of Survival and Hope in the Juvenile Justice System - Paperback
    Children of the State: Stories of Survival and Hope in the Juvenile Justice System - Paperback
    Jeff Hobbs
  • State Crime: Current Perspectives - Paperback
    State Crime: Current Perspectives - Paperback
  • Revise SQE Criminal Law 2025-26 - Paperback
    Revise SQE Criminal Law 2025-26 - Paperback
    Mark Thomas
  • The Trial of the Assassin Guiteau: Psychiatry and the Law in the Gilded Age - Paperback
    The Trial of the Assassin Guiteau: Psychiatry and the Law in the Gilded Age - Paperback
    Charles E. Rosenberg
  • Tackling Torture: Prevention in Practice - Paperback
    Tackling Torture: Prevention in Practice - Paperback
    Malcolm D. Evans
  • The Idaho Four Tragedy: Four College Students, One Deadly Night, and the Path to Justice - Paperback
    The Idaho Four Tragedy: Four College Students, One Deadly Night, and the Path to Justice - Paperback
    Evelyn L. Wells
  • Introduction to Policing and Police Powers - Paperback
    Introduction to Policing and Police Powers - Paperback
    Leonard Jason-Lloyd
  • Crimes, Harms, and Wrongs: On the Principles of Criminalisation - Paperback
    Crimes, Harms, and Wrongs: On the Principles of Criminalisation - Paperback
    A. P. Simester
  • Restoring Justice: An Introduction to Restorative Justice - Paperback
    Restoring Justice: An Introduction to Restorative Justice - Paperback
    Daniel W. Van Ness
  • Terrorism: Commentary on Security Documents Volume 116: Assessing President Obama's National Security Strategy - Hardcover
    Terrorism: Commentary on Security Documents Volume 116: Assessing President Obama's National Security Strategy - Hardcover
    Douglas Lovelace
  • Black Silent Majority: The Rockefeller Drug Laws and the Politics of Punishment - Hardcover
    Black Silent Majority: The Rockefeller Drug Laws and the Politics of Punishment - Hardcover
    Michael Javen Fortner
  • The Crime of Aggression: The Quest for Justice in an Age of Drones, Cyberattacks, Insurgents, and Autocrats - Paperback
    The Crime of Aggression: The Quest for Justice in an Age of Drones, Cyberattacks, Insurgents, and Autocrats - Paperback
    Noah Weisbord
  • Till Death Us Do Part: A True Murder Mystery - Paperback
    Till Death Us Do Part: A True Murder Mystery - Paperback
    Vincent Bugliosi
  • The New Philosophy of Criminal Law - Paperback
    The New Philosophy of Criminal Law - Paperback

This overview is general legal information, not legal advice, and does not create an attorney–client relationship. Laws vary by state and change over time — consult a licensed attorney about your situation.