DUI Versus DWI - Understanding the Difference

Drinking and driving is a good way to get in serious trouble. The law is set up to nail people who drink and drive to the wall. Two of the common charges are DUI and DWI, but many people do not understand the difference between them. Let's take a look at both.

DUI

DUI stands for driving under the influence. The "influence" is usually assumed to be alcohol, but it can be legal and illegal narcotics. The classic charge, however, is for alcohol and is determined by using the infamous BAC level. BAC refers to blood alcohol level. The standard in every state is now .08 percent of BAC. If you are found to have this or a higher level of blood alcohol in your system, you are considered to be driving under the influence per se. This effectively shifts the burden to you to prove that you were not driving drunk.

DWI

DWI stands for driving while impaired. As with a DUI, the impairing substance is commonly assumed to be alcohol, but it can be other substances as well. The DWI charge, however, is not tied into any measurement of the blood in your body. It is more of a subjective determination made by the arresting officers. The issue is whether you have consumed something that is impairing your ability to drive a vehicle. The exact standard differs from state to state.

Of the two charges, the DWI is by far the easier one to contend. The subjective nature of the charge makes it easier to challenge, particularly if there were independent witnesses to the event. A DUI, in contrast, is more of an objective measurement. If you "blow" a .10, you are going to have a difficult time creating reasonable doubt that the measurement is correct. Making things far worse, the DUI switches the burden of proof to the defendant to prove innocence in many ways since you are assumed to be impaired per se given your BAC. Regardless, a good attorney is needed in each situation.

Even a minor drunk driving arrest is going to cost you thousands of dollars in attorney's fees. It simply isn't worth it. Don't drink and drive. Paying $20 for a cab is much better than paying $7,500 for a good attorney.

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