DUI's and DWI's describe the language utilized by various authorities for drunk and drugged driving offenses; nevertheless, there are several other terms to explain impaired driving. The term DUI is often used to define drunk driving regulations in general, regardless of the different acronyms, since it is the most common among state laws. Yet is there truly a difference between the two?
In some states, DUI and DWI can be used interchangeably, while in others, DUI and DWI offenses are discussed and penalized in different ways. For the most part, individual states have different laws regarding distinguishing between DUI's and DWI's. For example, in Texas, a DUI refers to when a person is driving with a blood alcohol content (BAC) above zero but below the legal limit of .08%, while a DWI is driving with a BAC above the legal limit of .08%.
DUI is an acronym for "Driving Under the Influence." This charge is usually connected with drunk driving; however, it can also refer to those under the influence of drugs or particular medications. In some states, a per se offense is issued, meaning that an individual commits the criminal offense of DUI when driving a car on the road or highway with a BAC of .08%, regardless of whether they are visibly impaired.
In most states, an offender must actually be operating a vehicle to be found guilty of a DUI, yet this is continuously transforming. An increasing number of states are starting to utilize phrases like "operating a vehicle" or "being in physical control of the car” in order to widen the circumstances in which a person can be convicted of a DUI—for example, being in the driver's seat with the keys in the ignition even when the vehicle is not in motion.
What defines a DWI is typically state-specific. In some states, DWI represents "driving while intoxicated" and is essentially equivalent to a DUI. However, in other states, DWI means "driving while impaired." Within these states, any kind of impairment is grounds for criminal charges. For example, driving while falling asleep and driving while being physically unable to control a vehicle safely would lead to a criminal charge. In reality, the components of a DWI coincide with a DUI without drugs or alcohol being involved.
Regardless of the acronym used, a DUI or DWI indicates the arresting officer saw reason to believe a driver was too impaired to continue driving.
The acronyms DUI and DWI are some of the most regularly utilized expressions for driving under the influence charges in the United States; however, they are certainly not the only ones. Each term has a specific meaning within the penal code of each state, so throwing around particular terminology does not help when talking about certain jurisdictions. Actually, many states have more than one type of impaired driving charge, each with its own acronym.
In most states, DUI is used to determine the standard charge for driving under the influence, while ten states use the term DWI (driving while intoxicated or driving while impaired). Nonetheless, various other terms are also used for standard impaired driving—usually for a BAC of.08% or higher—and including the following:
Despite all the different names, state DUI laws are relatively the same in defining drunk and drugged driving. So, for the most part, the names do not necessarily matter all that much.
In each state, based upon a BAC or actual intoxication, any person can be convicted of a DUI. A DUI that is based upon BAC is usually described as a "per se DUI." All states, except for Utah (where the maximum BAC level is more strict), all states specify per se DUI's as operating a vehicle with a BAC of.08% or more. Some states even have a per se drug-DUI law that makes it illegal to operate an automobile with a specific drug concentration in an individual's system.
With that being said, all states have impairment DUI laws. However, the laws in each state specify the forbidden level of impairment differently. For example, in Nebraska, the DUI laws define under the influence as having a person's ability to safely operate a vehicle impaired to any "significant level." On the other hand, California DUI laws define under the influence if "significantly" affected by drugs or alcohol.
Many states use several different names to explain different classes of impaired driving offenses. For example, the standard drunk or drugged driving offense in New York is called "driving while intoxicated" or "DWI." Nevertheless, New York also has a less considerable offense called "driving while ability impaired" or "DWAI.”
Usually, when a state has two different types of impaired driving offenses, the difference between the two is based on the motorist's level of impairment. In states with numerous impaired driving categories, a defendant charged with driving under the influence or DUI can sometimes plea bargain for the lesser impaired driving offense.
Like any other type of criminal charge, a person charged with DUI or DWI is presumed innocent until tried and proven guilty. If guilt is indicated through the defendant's own plea or after a jury trial, the penalty depends on the state law that the impaired driving charge occurred in.
Many DUIs tend to carry heavy penalties that usually consist of license suspension, costly fines, and possible jail time. It is also becoming customary for state DUI regulations to call for convicted vehicle operators to utilize ignition interlock devices (IIDs) for a period of time after their license is reinstated.
In several states, a first-offense DUI or DWI is categorized as a misdemeanor, and the punishment is no more than six months to a year in jail. However, the maximum time an individual can spend behind bars for a first DUI is even shorter in some states. For example, the maximum jail time for a first DWI offense in New Jersey is 30 days. And, even though it is not common, there are some states, like Pennsylvania, in which a first DUI does not carry any possible jail time.
With second and subsequent DUI’s and DWI's, the maximum possible jail time is generally greater. However, it is even more common for the mandatory minimum jail sentence for a second offense to be longer than that of the primary offense.
Several circumstances affect the amount of jail time a person can offer for a DUI or DWI conviction. For instance, some states mandate more severe punishments if an individual's BAC at the time they are arrested is way over the legal limit of.08%. Also, if an individual's DUI or DWI has been classified as a felony—as a result of the motorist killing or hurting another person or due to the fact that the vehicle driver has countless prior DUI/DWI convictions—it is not out of the ordinary for the motorist to get a several year sentence. Nonetheless, it is essential to remember that the specifics depend on the state that the DUI or DWI happened in, the facts of the case, and the circumspection of the judge at trial.
The most common outcome of a DUI or DWI conviction is fines. These fines often vary by state. But, usually, the same sort of variables that increase prison time also increase the amount the motorist can expect to pay in fines.
In most states, a typical first DUI conviction is between $500 to $2,000 in fines. However, the fines for subsequent offenses and DUI's or DWI's that involved aggravated factors can ascend way into the thousands. Although it differs from one state to another, the fines a person convicted of a DUI or DWI can anticipate paying are approximately the same.
A DUI or DWI offender will likely have his or her license suspended for an extended period of time—either mandated by the court or state motor vehicles department. As with other punishments, the suspension periods are usually linked to the number of convictions an individual previously has. For instance, in Alabama, the suspension period is 90 days for a first-time DUI offense, a 1-year revocation for a second-time offense, and a 3-year revocation for a third-time crime.
If a driver illegally refuses to take a breath, urine, or blood test, it can result in a license suspension. Usually, the suspension imposed for an illegal refusal is remarkably longer than what the driver would have otherwise faced.
It is also possible for a driver to acquire a "hardship license," which permits them to drive to and from places like school or work during their DUI suspension.
In some states, additional action is taken to ensure that an individual (usually a repeat offender) does not get back on the road while they are under the influence. For example, states can either seize or cancel an individual's car registration, temporarily or permanently, or require an ignition interlock device (IID) to be connected to the driver’s car. An IID is simply a breathalyzer wired to a car's ignition and protects against a motorist driving when breath alcohol is detected.
In many states, alternative sentencing options are accessible to specific offenders, such as prevention programs, substance abuse education, treatment for substance abuse, and community service. Often, judges in these states will suggest these actions instead of jail time or paying fines, most likely for first-time offenders. Additionally, a court may combine these alternative sentencing options along with other penalties.
If a minor is found guilty of driving under the influence of alcohol or drugs, he or she may face reasonably different penalties than convicted adults. There is a zero-tolerance law in many states that do not allow drivers who are younger than 21 years old to drive with even the tiniest amount of alcohol in their system. These zero-tolerance offenses generally do not carry jail time but will end in license suspension and fines.
In addition to legal punishments, a driver's insurance company will occasionally terminate an insurance policy or increase the driver's rates considerably due to the DUI or DWI conviction. And it is essential to note that a DUI or DWI conviction stays on an individual's driving record for many years.
Additionally, specific jobs may be unavailable to those convicted of a DUI or DWI, such as operating a school bus, delivery van, or any other vehicle as part of their employment.
In the end, the driver could face a different civil lawsuit if there are accident victims that sue for physical injuries or property problems.
Despite how your state refers to impaired driving and whether it has various types of charges for numerous offenses within that category, convictions for these kinds of criminal offenses can have an extreme effect on your life.
A DUI conviction can lead to jail time, license suspension, and fines. However, oftentimes, some of these penalties can be minimized or avoided entirely. For these reasons, it is best to consult an expert DUI lawyer to help determine your options.
The attorneys at The Cochran Firm are among the nation’s most successful and tenacious attorneys. When navigating through the DUI process, you deserve to have an experienced attorney by your side. The Cochran Firm attorneys know how to fight for you.
If you want to avoid the stress that comes with a DUI, you need a qualified attorney. You need a Cochran Firm attorney. Our attorneys work closely with each of our clients using pooled resources and their access to legal expertise to ensure the most effective legal representation available is being provided.
If you or a loved one have been accused of driving under the influence, please contact our experienced attorneys with offices nationwide today for your free, no-obligation initial consultation.
