What is the difference between DUI and DWI?

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DUI and DWI are two terms that are often used interchangeably, but they have different meanings and legal consequences.

Both DUI and DWI relate to driving while under the influence of drugs or alcohol, but there are some key differences between them. In this blog post, we will explore the differences between DUI and DWI, and why it’s important to know them.

DUI and DWI are essential legal terms, and it’s important to understand the difference between them to avoid any confusion or legal troubles. Let’s take a closer look at the differences between DUI and DWI.

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10 Differences between DUI and DWI

Here is a list of 10 differences between DUI and DWI:

Definition
Intoxication level
Age limit
Penalties and Fines
License suspension
Blood Alcohol Content (BAC) level
Criminal charges
Field Sobriety Tests
Ignition Interlock Device (IID)
Legal representation

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Detail of 10 Differences between DUI and DWI

Here is the detail of 10 differences between DUI and DWI:

Definition: The first difference between DUI and DWI is their legal definitions. DUI stands for “driving under the influence,” while DWI stands for “driving while intoxicated.” The terms vary from state to state, but generally, a DUI refers to driving under the influence of alcohol, drugs, or both, while DWI typically refers to driving with a blood alcohol content (BAC) level of 0.08 or higher.

Intoxication level: Another difference between DUI and DWI is the level of intoxication required for each offense. For DUI, a person can be charged if they are found to be driving under the influence of drugs or alcohol, regardless of their BAC level. However, for DWI, a person can only be charged if their BAC level is 0.08 or higher.

Age limit: In most states, there is a lower BAC limit for underage drivers than for adults. A BAC of 0.02 is usually considered illegal for drivers under the age of 21, while the limit for adults is 0.08. Depending on the state, a person under 21 may be charged with DUI or DWI if they are caught driving with a BAC above the limit.

Penalties and Fines: The penalties and fines for DUI and DWI also differ. DUI penalties are usually less severe than DWI penalties. In most cases, a DUI is considered a misdemeanor, while a DWI is considered a more serious offense and can result in a felony charge. The fines for DWI are usually higher than those for DUI, and a person charged with DWI may face jail time, community service, or probation.

License suspension: License suspension is another difference between DUI and DWI. In most states, a person convicted of DUI will have their license suspended for a shorter period than a person convicted of DWI. The length of the suspension can vary depending on the state and the severity of the offense.

Blood Alcohol Content (BAC) level: As mentioned earlier, the BAC level is different for DUI and DWI. A BAC level of 0.08 or higher is required for a DWI charge, while a lower BAC level may result in a DUI charge. However, some states have zero-tolerance policies for DUI, which means that any detectable amount of alcohol or drugs in a person’s system can result in a DUI charge.

Criminal charges: A DUI is generally considered a lesser offense than a DWI and is often charged as a misdemeanor. A DWI, on the other hand, is considered a more serious offense and may result in felony charges, especially if the driver caused an accident or injury while driving under the influence.

Field Sobriety Tests: Field Sobriety Tests (FSTs) are a set of tests that law enforcement officers use to determine if a driver is impaired. FSTs may include tests such as standing on one leg, walking in a straight line, and following a moving object with the eyes. In some states, refusing to take an FST can result in a DWI charge, while in other states, refusing to take an FST can result in a DUI charge.

Ignition Interlock Device (IID): An Ignition Interlock Device (IID) is a breathalyzer that is installed in a vehicle and prevents the vehicle from starting if the driver’s BAC level is above a certain limit. In some states, IID installation is required for both DUI and DWI convictions, while in other states, it is only required for DWI convictions.

Legal representation: Finally, there may be differences in legal representation between DUI and DWI cases. Because a DWI is considered a more serious offense, a person charged with DWI may require more extensive legal representation than a person charged with DUI.

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Conclusion

In conclusion, DUI and DWI are two different legal terms that refer to driving under the influence of drugs or alcohol. While the terms are often used interchangeably, there are important differences between them. These differences include the definition, intoxication level, age limit, penalties and fines, license suspension, BAC level, criminal charges, field sobriety tests, ignition interlock device, and legal representation.

It is important to understand the differences between DUI and DWI to avoid any confusion or legal troubles. If you have been charged with either offense, it is important to seek legal advice from an experienced attorney who can guide you through the legal process and help you navigate the complex legal system.

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