Legal News

04-Jan-2023

The Difference Between DUI and DWI: What You Need to Know

Whether youre a driver, passenger, or witness, understanding the difference between a DUI and a DWI can be the difference between life and death. DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are both criminal charges that involve operating a motor vehicle while under the influence of alcohol or drugs. While both DUI and DWI refer to the same basic concept, there is an important distinction between the two that can have major consequences. DUI is considered a less serious offense than DWI and is typically reserved for drivers who are impaired by alcohol or drugs but not at a level that would be considered dangerous. DWI, on the other hand, is usually used to describe a driver who is inebriated to the point where they pose a danger to themselves and others. Knowing the difference between DUI and DWI is essential and can help you avoid making a potentially life-threatening mistake.

Definition of DUI

Driving under the influence (DUI) is a serious criminal charge that refers to operating a motor vehicle while impaired by alcohol or drugs, including prescription medications. DUIs are typically broken down into three categories depending on the amount of impairment. A DUI, or first offense refers to a driver who has a blood alcohol content (BAC) of 0.08% or higher, while a DWI or second offense indicates a BAC of 0.16% or higher. A DUB or third offense refers to a driver who has a BAC of 0.16% or higher after two convictions for DUI or DWI. A driver with a BAC of 0.08% or higher may be charged with a DUI even if they dont show obvious signs of impairment.

Definition of DWI

Driving while intoxicated (DWI) is a criminal charge that refers to operating a motor vehicle while impaired by alcohol or drugs, including prescription medications. DWIs are typically broken down into three categories depending on the amount of impairment. A DWI, or first offense indicates a driver who has a blood alcohol content (BAC) of 0.08% or higher, while a DUB or second offense refers to a BAC of 0.16% or higher. A DUI or third offense refers to a driver who has a BAC of 0.16% or higher after two convictions for DWI or DUI. A driver with a BAC of 0.08% or higher may be charged with a DWI even if they dont show obvious signs of impairment.

The Difference between DUI and DWI

There are a few key distinctions between DUI and DWI that can make a huge difference in the outcome of your case. The first and most critical difference between DUI and DWI is the level of impairment exhibited by the driver. While a DUI may be used to describe a driver who is impaired by alcohol or drugs, a DWI refers to a driver who is significantly inebriated to a point where they pose a serious risk to themselves and others. Another major difference between DUI and DWI is the level of intent required to be convicted of the charge. A driver who is charged with a DUI may or may not be fully aware of the fact that they are under the influence, while a driver who is charged with a DWI is almost always aware of the fact that they are too intoxicated to drive. The third difference between DUI and DWI relates to the potential penalties for a conviction. While DUI charges are typically less serious than DWIs and are often charged as misdemeanors, DWIs are typically considered more serious crimes that are often charged as felonies. The fourth difference between DUI and DWI relates to potential consequences for your car insurance. While a DUI conviction will generally increase your car insurance rates, a DWI conviction will often result in a complete loss of your car insurance.

Penalties for DUI and DWI

Penalties for a DUI or a DWI conviction can vary from state to state, but certain penalties are typical for both charges. If convicted, you will be required to pay a fine. The amount of the fine will vary depending on your states laws, but it is usually related to the severity of the charge. In addition to fines, you will likely be required to complete a period of community service, which is often a good option for those who dont have the financial resources to pay fines. A DUI or DWI conviction will result in the loss of your driving privileges. The length of the suspension will depend on the severity of the violation, but you may be required to use an ignition interlock device (IID), or even have your car impounded for a certain period.

Impact on Insurance Rates

A DUI or DWI conviction will almost always increase your car insurance rates. Whether its a DUI or a DWI, rates will likely increase by 20-40%. In some cases, you may be dropped by your insurance company and forced to find new coverage. Drivers who are convicted of DUIs or DWIs are required to have SR-22 insurance coverage, which is a type of insurance coverage issued by an insurance company designated by the state. Drivers with SR-22 insurance must pay higher rates due to the increased risk associated with covering them.

Conclusion

Driving under the influence, whether its a DUI or a DWI, is a serious offense that can lead to dire consequences. When youre out with friends, it can be easy to get caught up in the moment and forget that you should never drive while intoxicated. Fortunately, there are several steps you can take to avoid driving while intoxicated and make sure you get home safely. The best way to avoid driving while intoxicated is to make sure you dont drink too much. One drink per hour is a good rule of thumb, and you should always make sure you have a designated driver whos sober enough to drive. If you've ever been caught driving while intoxicated and charged with a DUI or DWI, youll need to get help from an experienced attorney. The best way to avoid a conviction is to hire a lawyer who can help you build a strong case. When youre facing charges, you need an attorney who will fight for you and make sure your rights are protected. If you are arrested or charged with a crime, you are entitled to one phone call. Use this opportunity to select a qualified criminal defense attorney who can help you through the process and protect your rights.