DUI and DWI: Driving Under the Influence Laws & Penalties

   Jul. 24, 2025
   5 minute read
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Last Edited: July 24, 2025
Author
Andrew Lancaster, LPC, MAC
Clinically Reviewed
Mark Frey, LPCC, LICDC, NCC
All of the information on this page has been reviewed and certified by an addiction professional.

“Nothing is more expensive than a missed opportunity.” — H. Jackson Brown Jr.

When it comes to DUI and DWI charges, that missed opportunity could be your freedom, your career, or even your life—or someone else’s. Every year, thousands of people are injured or killed because someone made the choice to drive impaired. Beyond the physical dangers, the driving under the influence penalties can be harsh and long-lasting, impacting everything from your driver’s license to your criminal record and even custody of your children.

According to the National Highway Traffic Safety Administration (NHTSA), drunk driving killed 13,524 people in 2022 alone—an average of one person every 39 minutes. This doesn’t even include crashes involving drugs or prescription medications. And despite aggressive public education campaigns, people continue to get behind the wheel while under the influence, risking not just their own safety but everyone else’s too.

In this article, we’ll break down the key differences between DUI and DWI, what penalties to expect, and how these charges connect to other Legal Consequences of Addiction like Drug Possession, Domestic Violence, or Child Protective Services (CPS) involvement.

What’s the Difference Between DUI and DWI?

While the terms are often used interchangeably, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated or Impaired) can mean different things depending on the state.

  • DUI usually refers to driving under the influence of alcohol or drugs.
  • DWI can refer to a higher level of intoxication or a combination of substances.

In some states, DWI is more serious than DUI, while in others, they’re identical legally. Either way, both carry heavy driving under the influence penalties, including:

  • License suspension or revocation
  • Heavy fines and court fees
  • Mandatory DUI education or treatment
  • Probation or jail time
  • Ignition interlock device installation

Shocking DUI Statistics That Should Wake You Up

Still think it’s “not that big a deal”? Think again:

  • 1 in 3 traffic deaths in the U.S. involves a drunk driver (CDC).
  • Nearly 10% of DUI arrests involve drugs—not just alcohol.
  • First-time offenders often have driven drunk over 80 times before they are caught (MADD).
  • People with addiction are 7 times more likely to get a DUI than the general population.

These aren’t just numbers—they’re lives ruined or lost. When you drink or use drugs and drive, you’re not just breaking the law. You’re gambling with your future.

First-Time DUI and DWI Penalties

The penalties for a first-time DUI or DWI offense can vary, but here’s a typical breakdown:

  • License Suspension: 90 days to 1 year
  • Fines: $500–$2,000
  • Jail Time: 1 day to 6 months (sometimes more)
  • Probation: Up to 2 years
  • Mandatory Classes: DUI education or Court-Ordered Rehab
  • Ignition Interlock Device: May be required, even on a first offense

These consequences multiply for repeat offenders or if your DUI involved an accident or injury.

When Addiction Is a Factor

It’s important to understand that DUI and DWI don’t always stem from a one-time bad decision. For many, it’s a pattern linked to substance abuse or dependency. If you’ve been arrested for DUI and you’re struggling with alcohol or drug use, this could be your wake-up call.

Courts across the country are starting to recognize addiction as a root issue. That’s where Drug Courts come in. These alternative programs focus on recovery, not punishment. You might qualify for Court-Ordered Rehab instead of jail, particularly if it’s your first offense or you meet certain requirements.

The Ripple Effect of a DUI

The effects of a DUI go way beyond fines and jail time. Here are just a few areas of your life that can be impacted:

Career and Employment

A criminal conviction can show up in background checks, costing you job opportunities—especially in professions that involve driving, healthcare, or finance.

Custody Battles and CPS

If you’re a parent, a DUI—especially one involving drugs—can lead to a Child Protective Services (CPS) case or even loss of custody.

Immigration Status

Non-citizens can face deportation or denial of residency due to DUI or drug-related offenses.

Public Humiliation

Imagine your mugshot going viral. Many counties publish DUI arrests online. The stigma is real.

Your Options After a DUI Arrest

If you or someone you love has been charged with DUI or DWI, there are steps you can take:

  1. Hire a defense attorney. A legal expert can help you understand your rights and negotiate options like rehab or Drug Court.
  2. Evaluate for substance use disorder. If addiction is a factor, treatment can be a lifesaver—and also a legal strategy.
  3. Document your efforts. Courts often respond positively when you take proactive steps toward recovery, such as entering rehab or attending 12-step meetings.

A Real Chance at Recovery

Getting arrested might feel like the end of the road—but it can also be the start of a new path. Many people in long-term recovery point to their DUI or DWI as the moment everything changed. They finally reached out for help.

You don’t have to hit bottom to turn your life around.

As Nelson Mandela once said, “It always seems impossible until it’s done.”

DUIs rarely exist in isolation. If addiction is involved, you may also be dealing with other issues, including:

This is why it’s so important to seek professional help—both legal and medical.

Detox To Rehab

DUI and DWI charges carry serious consequences. From massive fines and jail time to long-term impacts on your personal and professional life, it’s not something to take lightly. But with the right support and treatment, you can move beyond this moment.

If you’re struggling with addiction, this isn’t the end—it’s your second chance.

Frequently Asked Questions
What is the difference between DUI and DWI?
DUI stands for "Driving Under the Influence," while DWI typically means "Driving While Intoxicated" or "Driving While Impaired." The meaning can vary by state—some treat them as the same, while others consider DWI to be more severe. Both can involve alcohol, illegal drugs, or prescription medications and result in serious legal consequences.
What are the penalties for a first-time DUI or DWI offense?
A first-time DUI or DWI can lead to license suspension, fines ranging from $500 to $2,000, jail time, probation, DUI education classes, and even installation of an ignition interlock device. Penalties vary by state, and some jurisdictions may offer Court-Ordered Rehab or Drug Courts for eligible offenders.
Can you go to rehab instead of jail for a DUI or DWI?
Yes, some states offer alternatives like Court-Ordered Rehab or participation in a Drug Court program instead of jail time, especially if addiction played a role. These programs focus on treatment and long-term recovery rather than punishment, and can significantly reduce future legal consequences.
How long does a DUI or DWI stay on your record?
In most states, a DUI or DWI can stay on your driving and criminal record for 5 to 10 years, or even longer. It can impact employment, insurance rates, and future legal cases. In some cases, expungement or record sealing may be possible.
What should I do if I’ve been charged with DUI and have a substance use problem?
If you’re struggling with drugs or alcohol, seek help immediately. Enrolling in treatment, such as Court-Ordered Rehab, shows the court you’re taking your situation seriously. It can improve your legal outcome and start you on the road to lasting recovery.
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