Drunk driving is the act of operating a motor vehicle while under the influence of alcohol. Even a small increase in blood alcohol content raises the relative risk of a motor vehicle crash. The offense is known by different names across jurisdictions, including driving under the influence (DUI), driving while intoxicated (DWI), and operating while impaired (OWI), and most jurisdictions define it by a fixed blood alcohol concentration threshold rather than requiring proof of visibly impaired driving.
Facts
Classification CodeStatutory thresholds for drunk and drug-impaired driving are set state by state in the United States; Illinois, for example, classifies operation of a motor vehicle with a THC level of 5 nanograms or more per milliliter of whole blood, or 10 nanograms or more per milliliter of other bodily substances, as driving under the influence of cannabis. 1 Typical PenaltyIn the United States, a commercial driver's license holder faces a one-year suspension of the license for a first DUI arrest, and a lifetime revocation if arrested for driving impaired again. 1 Elements of OffenseThe offense generally consists of driving a vehicle while affected by alcohol or drugs, but in most US states the criminal offense need not involve actual driving: it can broadly include operating or being physically in control of a motor vehicle while under the influence, so a person found in the driver's seat while intoxicated and holding the keys, even while parked, can be charged. 1 Notable ExampleGeorge Smith, a London taxi driver, is recorded as the first person convicted of driving a motor vehicle while intoxicated, on 10 September 1897, under the drunk in charge provision of the Licensing Act 1872; he was fined 20 shillings. 1 Jurisdiction VariationJurisdictions differ on whether the offense requires actual driving or only control of the vehicle: California is a narrower exception, making it illegal only to drive a motor vehicle while under the influence, requiring actual movement of the vehicle rather than mere control of it. 1 Classification
Offense GradeMinor or Summary Offense 1 Connections
Has Offense Grade
Entity-backed identity for the offense-grade enum value this offense already carries, resolved to a crime concept by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The offense-grade fact itself stays on the offense unchanged.
Sources
1. Driving under the influence (Wikipedia)
Wikipediaen.wikipedia.org/wiki/Driving_under_the_influence, lead paragraph
Driving under the influence (DUI) or driving while intoxicated (DWI) is the crime of driving, operating, or being in control of a vehicle while one is impaired from doing so safely by the effect of either alcohol (see drunk driving) or some other drug, whether recreational or prescription (see drug-impaired driving).
Testing for cannabis subsection
in Illinois it is illegal to operate a motor vehicle with a THC level of 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substances
Definition section
in the majority of US states, the criminal offense may not involve actual driving of the vehicle but rather may broadly include operating or being physically in control of a motor vehicle while under the influence
Definition section, California contrast
California only makes it illegal to drive a motor vehicle while under the influence, requiring actual "driving"
Definition section, first conviction
George Smith, a London taxi driver, ended up being the first person to be convicted of driving a motor vehicle while intoxicated, on September 10, 1897, under the "drunk in charge" provision of the 1872 Licensing Act.
US federal regulation subsection
a Commercial Driver's License "CDL" holder will have their CDL suspended for 1-year for a DUI arrest and will have their CDL revoked for life if they are subsequently arrested for driving impaired
View the Source Reader Challenges (0)
No disputes yet. Spotted an error or a better source? Open the first one.
Sign in to dispute this or suggest a correction.