There is no definitive difference between the actual terms of DUI (driving under the influence) and DWI (driving while intoxicated). It’s technically used in the same way in all 50 states, notably with the blood alcohol level of 0.08%. States use these terms in different laws but with the same effect. The 0.08 level is across all 50 states, and states also have laws apply to driving while using any drug along with alcohol. You could have had one glass of wine, but also been on painkillers, and technically even if you’re not over the blood alcohol level, you can be considered driving under the influence.
So there is no clear difference between DUI and DWI, other than the terminology used in different states. Some states use DUI, others DWI, while still others use OUI (operating under the influence).
The major point here is that all 50 states are actively looking to penalize people who drive under the influence.
How does DUI work exactly?
Drunk Driving Laws
As stated, in all 50 states, the blood alcohol level limit of over 0.08 is the same. If you have 0.08 or higher, you can be arrested under the DUI laws of every state. Since state laws can be used to call any drinking to be driving under the influence, some steps are followed to make the case for a drunk driving arrest.
-The person drove the vehicle
-This person’s ability to drive safely was affected by alcohol, drugs, or a combination of both
As you can see, if you’ve shown that you might be driving under the influence even without a high enough blood alcohol level, you can and will often be arrested for a DUI.
There are many ways of using these laws, making it important to have qualified legal representation, a DUI attorney, to plead your case. It happens to many, but this is because almost a third of all driving related deaths are in some way effected by alcohol. That’s why states are even more active in punishing DUI and DWI offenders.
How Do You Defend a DUI or DWI?
The basic laws are the same, but how they are used depends on the courts. For example, if someone was hurt while you were driving, it might be considered a felony rather than a misdemeanor, a much more serious crime. First drunk driving offenses are typically misdemeanors, but if someone was hurt you may be in trouble. Since DUIs can make you lose your license, face fines, and sometimes even go to jail, a professional DUI attorney can help you out of this situation.
How Do You Choose a DUI or DWI Attorney?
You always want someone with experience in this, and many DUI attorneys do. However, some can handle your case better than others, as some attorneys can help you out of possible jail time. In choosing a DUI attorney, you want one familiar with the state laws. You should never attempt to handle a DUI or DWI case by yourself and without a DUI attorney.