Drunk Driving in the United States

Drunken driving is the act of operating or driving a motor vehicle while under the influence of alcohol or drugs to the degree that mental and motor skills are impaired. It is illegal in all jurisdictions within the United States, though enforcement varies widely between and within states/territories.

The specific criminal offense is usually called driving under the influence (DUI), and in some states ‘driving while intoxicated’ (DWI), ‘operating while impaired’ (OWI), or ‘operating a vehicle under the influence’ (OVI).

Driving Under the Influence

For the most part, DUI or DWI are synonymous terms that represent the criminal offense of operating (or in some jurisdictions merely being in physical control of) a motor vehicle while being under the influence of alcohol or drugs or a combination of both. The key inquiry focuses on whether the driver’s faculties were impaired by the substance that was consumed. The detection and successful prosecution of drivers impaired by prescription medication or illegal drugs can therefore be difficult. Breathalyzers have been developed for the purpose of administering roadside or laboratory tests that can detect the actual level of a controlled substance in an individual’s body.

California has a general 0.08% BAC limit, a lower limit of 0.04% for drivers holding commercial drivers licenses (CDL), and a limit of 0.01% for drivers who are under 21 or on probation for previous DUI offenses.