The Difference Between DUI, and OUI in Maine

Technically, DUI means driving under the influence of some type drug. Under Maine’s Bureau of Motorized Vehicle (BMV), the definition for DUI under code §2401 states “Under the influence of intoxicants” means being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs.

The same code defines “OUI” as operating under the influence of intoxicants or with an excessive blood-alcohol level. OUI in Maine is similar to the term DWI used in other states. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol.

The use of DUI and OUI can be interchangeable, but OUI usually refers more to the severity the drug has metabolized within the offending person’s body. Convicted first time offenders can receive jail time, a stiff fine, and driver’s license suspension with a conditional reinstatement for one year. The conviction, even a first time conviction, stays on your record permanently.

According to a news article in dui.com and posted July 14, 2009, “Effective today, those stopped for suspicion of driving under the influence in Delaware will be facing twice the fines, and repeat offenders could be sentenced to jail for up to 15 years.” All across our nation, whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations.

When you face these kinds of charges, it is no time to handle your case all by yourself. You may need an attorney who  understand the subtle differences in the legal jargon of Maine law, and who specializes in representing YOUR best interests.

The Difference Between DUI and DWI in Virginia

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body. The Virginia Vehicle Code § 18.2-266 says it shall be unlawful for any person to drive or operate any motor vehicle, engine, or train:

  • while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article,
  • while such person is under the influence of alcohol, while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely,
  • while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.

Any confusion of terminology used comes from Virginia’s use of the word “impair” in their vehicle codes. The term or variation of the word is often used interchangeably with intoxication. So, DWI becomes driving while impaired. Most agree that being impaired is a lesser degree of intoxication but certainly means being under the influence of the related drug.

Convicted first time offenders can receive stiff fines, revocation of license for a year, jail time, and mandatory attendance of the Virginia Alcohol Safety Action Program (VASAP). The conviction, even a first time conviction, stays on your record permanently.

Effective July 1, 2004, Virginia changed many DUI penalties, increasing their severity. Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who understands the laws involved in such cases. Contact us so that we can help you get in contact with a DUI lawyer who can help you understand the subtle differences in the legal jargon of Virginia law, and who is ready to represent your best interests.

The Difference Between DUI and DWI in Hawaii

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body. According to Hawaii’s Vehicle Code §291E-1, “under the influence of alcohol ” means an amount of alcohol sufficient to impair the person’s normal mental faculties or ability to care for the person and guard against casualty. Here, the word “impair” comes into play, and is often associated with the terms “intoxicated” and “influence. For practical purposes, all three terms are interchangeable.

Convicted first time offenders of a DUI in Hawaii can receive jail time, a stiff fine, and license suspension.

Excerpts from a news article entitled “Arrests Up for Hawaii DUI in Honolulu” and posted on January 20, 2009 on the dui.com website, reads: “The Honolulu Police Department has released figures showing an increase in the number of arrests for driving under the influence in Hawaii. Nearly 400 more motorists were charged with suspicion of DUI in Honolulu in 2008 than the previous year. That continues an eight year trend reflective of increased law enforcement efforts.” Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who specializes in such cases. Contact DUIAttorneyHome.com to help you get in contact with a traffic lawyer who can help you understand the subtle differences in the legal jargon of Hawaii law, and who specializes in representing YOUR best interests.

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The Difference Between DUI and DWI in New York

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. The term DUI is not commonly used in the legal system in New York State. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The word “intoxicated,” in New York, refers to a motorist whose alcohol has rendered physically and mentally incapable of driving a vehicle in a reasonable and prudent manner. The use of DUI and DWI can be interchangeable, but DWI usually refers more to the severity the drug has metabolized within the offending person’s body. The blood alcohol content (BAC) for the offending motorist to be labeled as DWI is .08%.

New York complicates the meaning of the term by introducing another term named Driving While Ability Impaired (DWAI). The word “impaired” means that a motorist’s physical and mental abilities necessary to operate a vehicle in a reasonable and prudent manner have been actually impaired, to any extent, by alcohol. This term is closely related to DWI because it deals with the amount of alcohol that has been absorbed in the offenders blood stream. For a DWAI offender to be convicted, they must must leave the perception their BAC is at least .05% and less than .08%. DWAI is prosecuted as a “common”law and carries a lesser charge than DWI, which is prosecuted as a “per se” law. In New York, a person accused of DWI immediately has their license suspended, but if they are accused of DWAI, they will be able to drive until they have been convicted.

Like most states today, first time convictions of any act involving driving and the use of drugs in New York carry severe consequences. Either a DWI or DWAI conviction can result in high fines, jail sentences, surcharges on top of fines called Driver Responsibility Assessment, license suspension, issuance of a conditional license, participation in the Drinking Driver Program (DDP), vehicle impounded, probation, and community service.

According to the Buffalo News, City & Region, dated August 14, 2009, twelve DWI arrests were made in Western New York on June 6, 2009. Arrests were made in Buffalo, Batavia, Alden, Darien, Cheektowaga, Amherst, and Newstead. The charges ranged from DWI to felony DWI. Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who specializes in such cases. Contact us today to help you get in contact with an attorney who can help you understand the subtle differences in the legal jargon of New York law, and who specializes in representing YOUR best interests.

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The Difference Between DUI and DWI in Wyoming

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

Wyoming, in its Vehicle statute 31-5-233, adds a little complication to the terms by combining them. Around the legal circles of the state, the acronym DWUI is sometimes used. This term simply means, as described in the statute, “driving or having control of vehicle while under influence of intoxicating liquor or controlled substances.”

Convicted first time offenders can receive jail time, stiff fines, community service, probation along with mandatory attendance of a drug education program, and license suspension. If you get probation, you are not sentenced, and the result does not go on your record if you successfully complete the court mandated education or treatment program. You are allowed probation only one time. A conviction without probation stays on your record permanently.

According to a news article posted in the Casper Star-Tribune on January 20, 2009, the state legislature in Cheyenne has been considering a bill that would adopt ignition interlock devices being placed on the automobiles of first time DUI convicted offenders for one year. The article quoted Representative Debbie Hammons, D-Worland, as saying “the mandatory devices have been shown to be effective in achieving results in the battle against drunk drivers in seven or eight other states.

Every community in the state has problems with drunken driving. This is an aggressive step to do something about it.” Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who specializes in such cases. Contact us to help you get in contact with a DUI lawyer who can help you understand the subtle differences in the legal jargon of Wyoming law, and who specializes in representing your best interests.

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Jersey City DWI Attorney

Summer has come to an end in Jersey City.  Temperatures have started to drop and soon the leaves will fall.  Students are back in class and Friday nights are filled with teams and touchdowns.  But even as the seasons change one thing will remain the same on the highways and byways of New Jersey, and that is the dedication that local law enforcement agencies feel toward their goal of eliminating drunk driving in their area.

Drunk driving is a serious crime in New Jersey, and the penalties for a DWI conviction have been steadily increasing in severity for the past several years.  If you have been arrested for a drunk driving offense in the Jersey City area, the worst thing you can do is to doubt the serious nature of the situation you are in.  You need to take immediate action to ensure the best outcome in your case.  The legal procedures involved in a DWI defense are complex and can be overwhelming for those without extensive legal training.  Your best response is to secure the services of an experienced DWI attorney as soon as possible.  Because these legal professionals specialize in cases just like yours they will be able to quickly evaluate your case and recommend the course of action that is right for you.

A driver can be charged with DWI in the state of New Jersey if their blood alcohol concentration (BAC) is .08% or greater or if they exhibit signs of intoxication as a result of the use of alcohol or drugs.  A driver’s BAC is determined based on a chemical test of their blood or breath.  At the time of your arrest, this sample was requested from you.

If you did not comply and provide the sample as requested, your license will be suspended for at least 7 months.  This is based on the laws of implied consent that are on the books in New Jersey.  These laws state that based on a driver’s choice to drive in the state of New Jersey, they have already agreed to submit to a chemical test whenever it is requested.  A license suspension for a driver’s refusal to submit to a chemical test is completely separate from a license suspension in the case of a DWI conviction.

A DWI is neither a misdemeanor nor a felony.  Instead, it is considered a traffic offense and as such this crime does not qualify for a jury trial.  If you are convicted of a DWI in New Jersey, the penalties that are assigned will be determined based on your BAC at the time of the arrest and whether drugs were involved in your case.  Drivers with a BAC of between .08 and .10% can expect fines of up to $400, a license suspension of 3 months and jail time of up to 30 days.  If the driver’s BAC was .10 or greater or if drugs were involved, all of the same penalties will apply but the fines will increase to a maximum of $500 and the length of license suspension will increase to a maximum of 12 months.

All of the penalties for a DWI conviction will have a long-term impact on both the driver and their family.  This is not a situation you should handle alone.  Take action now to ensure that your rights are protected by contacting a qualified DWI lawyer.

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Defending A DUI Charge In Philadelphia

Philadelphia skyline as seen from the South St...
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No matter the season, there is always plenty to do in the City of Brotherly Love.  From giving the Liberty Bell a ring to indulging your curiosity about which Philly eatery has the best cheesesteak, you can fill your days and nights with fun here.  But if you wash your gastronomical indulgences down with alcohol and then get behind the wheel, you won’t be feeling the love at all.

Drunk driving is a serious crime in the state of Pennsylvania.  This crime is constantly under the scrutiny of legislators throughout the country who are determined to reduce its occurrence.  To that end, law enforcement agencies have been steadily increasing patrols and checkpoints and the penalties associated with a DUI conviction are becoming more and more severe each year.

If you have been arrested for a drunk driving offense in the Philadelphia area, the worst thing you can do is doubt the gravity of the situation you are in. The process of defending yourself in a case like this is complicated and time-consuming.  The laws and procedures involved in a DUI case are guaranteed to leave a layperson confused and overwhelmed.  But there is help.

The first step to getting your life back in order is to contact an experienced DUI attorney.  You should select a legal professional who specializes in cases just like yours to ensure that they have the most up-to-date knowledge on the rapidly changing landscape of DUI law.

In the state of Pennsylvania, drunk driving crimes are referred to as “driving under the influence” (DUI) or “driving after imbibing” (DAI).  The legal limit for intoxication in Pennsylvania is a blood alcohol concentration of .08%.

At the time of your arrest, the officer requested that you complete a chemical test to determine your blood alcohol concentration (BAC) by providing a breath or blood sample.  If you refused to submit to this test, your license was automatically suspended for 12 months.  You may be able to appeal this suspension, but you will need to act quickly.

If you are convicted of the DUI charge, you may lose your license as well.  In this case, the suspension will last for a period of up to 18 months.  You will also face additional penalties.  These penalties will differ depending on the level of your BAC at the time of your arrest.  Your level of intoxication will be classified in one of three categories:  General Impairment for a BAC between .08 and .99%, High BAC for concentrations of between .10 and .159%, and Highest BAC for levels of .16% and greater.

Extenuating circumstances can also push you into a higher class of offense.  Examples of these conditions include being a minor driver, driving a commercial vehicle, and a BAC that includes a controlled substance.  Penalties range from fines to jail time.

All of the penalties associated with a DUI conviction will have a serious impact on your life and that of your family.  The risks in these cases are too great.  This is not a situation you want to handle alone.  Contact a qualified DUI lawyer today to walk you through this difficult time.

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The Difference Between DUI and DWI in Illinois

Filed under: DUI/DWI — Tags: , , , , — DUIGuy @ 11:41 am

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

In Illinois, a person charged with DUI faces two different cases, one before the Department of Motor Vehicles (DMV) concerning their driver’s license which requires an administrative hearing, and the actual accusation for a DUI may require a court case, traffic case, criminal case, or ticket.

Convictions for first time offenders can include heavy fines, jail sentences, DUI school, license suspension, and community service.

According to HG.org, located in Chicago,“Effective January 1, 2009, the judicial driving permit, a hardship license formerly granted to first offenders is abolished for all arrestees on or after 1-1-09. 625 ILCS 5/6-206.1 makes several substantial changes to the implied consent laws.” Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations.

When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who specializes in such cases. Contact DUIAttorneyHome.com to help you get in contact with a DUI lawyer who can help you understand the subtle differences in the legal jargon of Illinois law, and who specializes in representing your best interests.

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