Differences in alcohol criteria functioning by DUI history and gender were examined in the current study using an item response approach. Differential criterion functioning related to DUI status was observed for 3 criteria, social/interpersonal problems, larger/longer, and inability/persistent desire to quit, indicating they were better at discriminating alcohol problem severity in individuals with DUIs than those without. Irrespective of DUI status, women had a higher threshold than men for time spent drinking or recovering and women without DUIs had a higher threshold than similar men for social/interpersonal problems. When considered as a whole, the criteria functioned equally well in all groups, supporting the use of AUD criteria in instruments used to screen individuals with DUIs for alcohol problem severity in judicial settings.