The Three Different Types of DUIs

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If you are like most people, you always avoid driving while intoxicated. Like most people, however, you may also not really understand the laws surrounding DUIs. Did you know that there are three different types of DUIs? They are:

  • Simple DUI
  • Aggravated DUI
  • Per Se DUI

It is in your best interest to understand the differences between the kinds of DUIs so you can avoid them all. Simply not driving while drunk is enough to avoid one type of DUI, but you may still be guilty of another. This guide will tell you everything you need to know.

Simple and Aggravated DUIs

When people think about a DUI, they are likely thinking about a simple DUI. As the name suggests, this is the simplest and most common type of DUI. The law states that it is illegal to drive with a blood alcohol content level above 0.08. If you are in violation of this law, then you will receive a simple DUI.

Aggravated DUIs are basically the same as simple DUIs, but they are a little more severe. It is not possible to get an aggravated DUI in all states, as some states do not differentiate. Because of this, the exact qualifications for a simple DUI to be upgraded to an aggressive DUI varies from state to state. Generally, however, you should know that aggravated DUIs are reserved for when a driver has been especially irresponsible, such as by being extremely drunk or by injuring or killing others.

Per Se DUI

The per se DUI is the most different of the three. You will receive a per se DUI when you are in violation of the other DUI law, which many drivers do not even realize exists. This second law states that it is illegal to operate a vehicle while too impaired to drive safely.

This is intentionally subjective in nature as to catch all the odd cases. If you are drunk, but still have a blood alcohol content level below 0.08 somehow, this second law will ensure that you still receive a DUI. Likewise, if you are high, you can still receive a DUI under this law despite having consumed no alcohol.

Some states call a simple DUI a “DWI,” or “Driving While Intoxicated,” and will simply call a per se DUI a “DUI,” or “Driving Under the Influence.” While the specifications may vary, the laws are usually the same. The first thing you should do if you are arrested for a DUI is call a lawyer, like a criminal lawyer in Elizabeth, NJ from Rispoli & Borneo, P.C.