According to the Insurance Institute for Highway Safety, DUI/DWI laws across the 50 states, while not uniform, are getting more similar. The current level for a per se violation of DUI/DWI laws is a blood alcohol content of .08 percent. If your blood alcohol is measured at or above this level, no further evidence is needed to convict you of DUI/DWI. In many states, you can be convicted of DUI/DWI at a lower BAC, if other evidence is available such as a failed field sobriety test.
First Penalty: License Revocation or Suspension
License revocation or suspension is usually the first penalty encountered in a DUI prosecution. In fact, in most states, your license will be taken from you before you are convicted of DUI. This is called administrative license revocation and usually occurs when a suspected driver fails or refuses to take a breathalyzer exam. Presently 41 states and the District of Columbia allow administrative license revocation. The time of suspension ranges from seven days in Virginia to one year in Georgia. Of the states that allow administrative license revocation, 40 will consider restoring driving privileges during the suspension period if the driver can prove that the suspension would cause him or her undue hardship. The only states that do not have administrative license revocation yet are Kentucky, Michigan, Montana, New Jersey, Pennsylvania, Rhode Island, South Carolina, South Dakota, and Tennessee.
Mandatory Use of Interlock Devices
One of the newer wrinkles in DUI law is the mandatory use of interlock devices, which require offenders to breathe into a tube before starting their vehicles. If alcohol is detected by the device, the vehicle will not start. Over half of the states require the use of interlock devices for a DUI conviction. In 14 states, even first-time offenders are required to use and pay for the maintenance and upkeep of the interlock devices. Ten states use interlocks for only higher BAC levels (usually .15 or higher) and for repeat offenders. An additional six states require interlocks only for repeat offenders. Twenty-four states presently do not mandatory interlock laws for any DUI/DWI conviction. However, even among the states that do not have mandatory interlock laws, 17 states and the District of Columbia give either the Department of Motor Vehicles or the court the discretion to require them. Only Alabama and South Dakota have no interlock laws of any type.

What's a OUI or OWI?
OUI or OWI both refer to operating a motor vehicle while under the influence of alcohol or drugs. They are the same as a DUI or DWI, which are driving while under the influence. The severity of an offense is a factor in determining the penalties you may face if you are convicted.
Operating a Motor Vehicle
Whether an alcohol-related driving offense is termed an OUI, OWI, DWI, or a DUI depends on how the state in which you are charged chooses to name the offense. Some states do distinguish among the acronyms for impaired driving based on the age of the offender or if a drug other than alcohol was involved.
Also, you can be convicted of an OUI or OWI for operating a boat, aircraft, snowmobile, golf cart, ATV, or even a lawnmower since all are motor vehicles. Most states ban driving while impaired on any of these vehicles even on private property.
Severity of the Offense
Each state and even individual counties have their own standard sentences for OUI or OWI offenders, mainly depending on whether the offense is a first offense or if the defendant has multiple drunk driving convictions.
Should the OUI or OWI include aggravating circumstances, however, the penalties will be more severe. The following situations can enhance your sentence in nearly all instances:
- Having a blood alcohol content (BAC) at or exceeding a certain level (usually 0.15)
- Causing an accident with serious bodily injury, disfigurement, or death
- Having a minor or person under a certain age as a passenger
- Causing property damage
- Driving on a suspended license
Some states will charge you with a felony if your BAC is over a certain limit or if you had a minor as a passenger, while others will upgrade it to a higher degree of a misdemeanor charge. If anyone suffered a serious injury, you will most likely be charged with a felony. This is regardless if you are a first-time offender.
Should a death result, you risk a charge of vehicular manslaughter, criminally negligent homicide, or other homicide offenses. Most states have mandatory minimum jail or prison sentences if any of these aggravating circumstances apply in your case.
Civil Penalties
Along with the criminal penalties and substantial fines, the court can require you to make restitution to any victims. You will more than likely be a defendant in a civil lawsuit if anyone was injured or killed.
In any case, your license will be suspended anywhere from one year to permanent revocation if convicted of manslaughter, vehicular homicide, or any other OUI or OWI as a felony, or if you have prior offenses. If eligible to drive, you most likely will have to install an ignition lock on your car that prevents you from driving if it detects any alcohol on your breath.
Regardless of the severity of your offense, an OUI or OWI is a serious criminal offense. Promptly consult with a DUI or OUI/OWI lawyer or criminal defense lawyer if you are charged with driving while under the influence of alcohol or a drug.