The Factors That Distinguish A DUI From A DWI.

There are two different types of drunken driving cases: a DWI and a DUI. These cases are very different from each other and as such carry different penalties. While you should never drink and drive, it's important to know the difference if you or a family member is ever arrested on one of these charges. Knowing the difference will help you obtain the best legal defense possible and you will know your rights every step of the way.

At its most basic, a DUI is an acronym for Driving Under the Influence, whereas DWI is an acronym for Driving While Intoxicated. The main distinction is that with a DUI, the intoxication may be due to legal or illegal drugs, on the other hand, with a DWI, the intoxication is a result of alcohol only. Each state will have their own legal definition of these charges.

In some states a DUI is considered a lesser offense than a DWI. In most cases, it is the BAC (Blood Alcohol Concentration) level that decides the severity of the case and the charge that is levied. Other states don't even have a DUI charge, just DWI. Minnesota is an example of one of these. In those states that have a zero tolerance stance, there is essentially no difference in the charges of a DUI and a DWI.

You can be charged with a DUI if you were under a heavy dose of pain killers just as easily as if you were high on illegal drugs. There have been increasing cases of people being charged with a DUI when the intoxication was due to the effects of mixing alcohol and prescription drugs, or just prescription drugs on their own. They may have passed the breathalyzer, but failed the field sobriety test and then arrested on suspicion of DUI. In other words, a drug related DUI does not depend on if illegal drugs, over the counter medication, or prescription drugs were the source for the intoxication.

The Consequences of a DUI Charge.

A DUI charge can result in a criminal case or a civil case. If the person arrested was under the age of 21, it will be a civil case of DUI. This also means that the person submitted to taking either a blood test or a breathalyzer test and was officially under the legal limit. The legal limit in most states is .08%. A criminal case of DUI means that the person was over the age of 21 and also agreed to take some kind of sobriety test and tested below the legal limit.

A DUI criminal case is classed as a Class C misdemeanor. This means that for a first time offender there will be a fine of up to $5000 with no jail time. The judge will most likely assign you to do some type of community service along with an alcohol awareness class. Repeat offenders are likely to face higher fines and in some instances jail time.

DWI And The Consequences Thereof.

A DWI, or Driving While Intoxicated, case is a little bit different. There are both civil cases as well as criminal cases, but they both mean different things. In a civil DWI case, the person is under the age of 21 and was asked to perform a sobriety test. They would have to have been over the legal limit of .08% when tested. This can also be for those over the age of 21 that refuse to take a sobriety test. The punishment for this is usually a suspended license for up to 1 year, a fine up to $5000, and some amount of jail time depending on how many prior offenses the person has.

A DWI criminal case becomes a little more complicated. In these cases, the accused has a BAC over the legal limit when tested. This case is categorized as a Class B misdemeanor. The sentence for this misdemeanor is usually a fine with a minimum of $2000 and not less than 3 days in jail. The accused will also be required to attend an alcohol awareness program.

Other Ramifications Of DUI And DWI Charges.

Alcohol-related offenses are prosecuted as criminal charges in some states, especially if a person is harmed by the actions of the intoxicated individual. This often results in criminal penalties as well as administrative penalties. A person found with a BAC of .08% or more while driving a vehicle can face serious consequences when prosecuted. The liability does not only extend to the driver. A passenger can face accomplice liability charges if they knowingly and willingly allowed the driver to get behind the wheel and drive.

The accomplice could face the same charges as the offender as they are seen as actively participating in the commission of the DWI offense. This is different from being an "accessory", as this means you were not been present at the time that the crime was committed by the main violator.

In order to prove liability of an accomplice, the prosecution must prove that there was a violation by the principal offender. That the accomplice had clear knowledge of the crime and the intent to act on it as well. The prosecution must also prove that the accomplice helped the accused commit the crime. The accomplice can face anything from a license suspension, hefty fines and possibly even some time in jail.

For more information on DUI vs. DWI contact us today.

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