DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are driving violations with two separate parts; one part is administrative and the other is criminal. The administrative component of a DWI or DUI falls under the domain of the Department of Motor Vehicles (DMV). It begins when a law enforcement officer asks a driver to give breath, blood, or urine for chemical testing. Although drivers are allowed to refuse chemical testing, refusal results in an automatic suspension of driving licensure in most states. Drivers who refuse chemical testing lose their driving licenses because Motor Vehicle Departments stipulate implied consent
as a condition of licensure. By acquiring a license, drivers voluntarily agree, or implicitly consent, to chemical testing whenever a law enforcement officer suspects them of driving under the influence of drugs or alcohol. Failure to comply with DMV mandated policies and procedures risks forfeiting the driving privileges granted by DMV licensure. Most states’ laws prohibit drivers who refused testing to apply for or be granted a conditional, restricted, hardship or other temporary license. Without a license, a driver is not entitled to drive until the suspension or revocation period expires.
See also alcohol, motor vehicles - laws.