Abogados de DUI & DWI

DUI and DWI Lawyers in the United States

Driving under the influence charges carry serious consequences that can affect your license, your job, and your freedom. Across the country, roughly 1.5 million people are arrested for impaired driving each year. A DUI or DWI lawyer fights to protect your rights and minimize the damage these charges can cause.

What DUI and DWI Law Covers

DUI and DWI cases involve operating a vehicle while impaired by alcohol, drugs, or a combination of both. The legal blood alcohol concentration limit is 0.08% in all 50 states for drivers 21 and older, though commercial drivers face a lower threshold of 0.04%.

These cases also cover drugged driving, which includes prescription medications, marijuana, and illegal substances. Some states use the term DUI while others use DWI or OUI, but the underlying offense is the same. Charges range from misdemeanors for first offenses to felonies for repeat violations or incidents involving injury.

When to Hire a DUI or DWI Lawyer

• You've been arrested for driving with a BAC at or above the legal limit
• You're facing a repeat offense that could result in mandatory jail time
• Your DUI or DWI involved an accident causing injury or property damage
• You risk losing a commercial driver's license or professional certification
• You were charged with aggravated DUI due to a high BAC or having minors in the vehicle

How the DUI and DWI Legal Process Works

After an arrest, you typically face two separate proceedings: a criminal case and an administrative hearing with the DMV regarding your license. The DMV hearing often has a deadline of 10 to 30 days after arrest, so acting fast matters.

Your attorney will review the traffic stop, field sobriety tests, and breathalyzer or blood test procedures for errors. Faulty equipment, improper calibration, or an unlawful stop can lead to evidence being thrown out. About 90% of criminal cases resolve through plea agreements, and DUI cases follow a similar pattern when the evidence is strong.

How Penalties and Sentencing Are Determined

• BAC level — Higher readings typically lead to harsher sentences, with many states imposing enhanced penalties above 0.15%
• Prior offenses — First-time offenders may qualify for diversion programs, while second and third offenses carry mandatory minimum jail sentences in most states
• Whether the incident caused bodily harm, death, or significant property damage
• Presence of minors in the vehicle at the time of the offense
• License suspension length, which ranges from 90 days for a first offense to permanent revocation for habitual offenders

Frequently Asked Questions

Can I refuse a breathalyzer test?

You can, but every state has an implied consent law that triggers automatic penalties for refusal. These penalties often include license suspension for one year or longer — sometimes exceeding the penalty for failing the test itself. Refusal can also be used against you in court.

Will a DUI conviction stay on my record permanently?

It depends on where you live. Some states allow DUI convictions to be expunged after a waiting period, while others keep them on your criminal record permanently. Most states use a "lookback period" of 5 to 10 years to determine whether a new charge counts as a repeat offense.