A friend of mine recently got a DWI and I asked him what is the difference between that and a DUI. He stated that DUI designates driving under the influence, while DWI refers to driving while intoxicated. Either way you look at them, drunk driving is either DUI or DWI. But there really is a difference between DUI and DWI. Both DUI and DWI refer to the illegal act of driving a vehicle while impaired by alcohol and/or drugs. While they may sound identical on the surface, some states actually categorize them as separate crimes.
For example, if you live in a state that classifies them separately, DUI is the lesser charge. A DUI charge denotes a lesser degree of impairment than a DWI for a driver charged with drinking and driving. Level of impairment is determined by the driver’s blood alcohol concentration (BAC) at the time of arrest. Further complicating matters, other states use the terms of DUI and DWI to signify whether drugs impaired a driver – or alcohol impaired a driver. The term DUI is used if a person is under the influence of drugs.
There are some states in the U.S. that have created a zero tolerance policy. These states do not make a distinction between a DUI and DWI and mandate that any BAC over the legal limit is a crime. And no matter where you live, drunk driving is a serious and carries hefty penalties that will impact your life for a long time – possibly as long as you live. The punishment for a DUI or DWI varies depending on the state, jurisdiction, or county. Typically, the penalties may include jail time, probation, community services, fines, and loss of driving privileges.
For a first DUI or DWI offense, can include mandatory attendance at a drug and alcohol education program. In some states, multiple offenders may even have their vehicle impounded or be ordered to have an ignition interlock device (breathalyzer) installed in their vehicle after their release (my friend currently pays $80 month to have the device in his car). Mandatory attendance at AA meetings may also be required.
There are certain factors that may trigger additional penalties in a DUI or DWI case. And though factors vary from state to state, these are the most common: transporting a child while under the influence, having a BAC of .20 percent or greater, speeding above a certain limit, refusing to take a chemical test (blood, breath, or urine) to determine BAC, causing an accident, injury, or property damage. If the person who is driving under the influence is under 21, or the driver has prior DUI or DWI convictions, this will also trigger additional penalties.
In some cases, the state may agree to a plea bargain, reducing a more serious charge of DWI to DUI. There are certain conditions that must be met in order to reduce a DWI charge to a DUI. For example, it must be a first offense and the driver’s BAC may not be excessively over the state’s legal limit.
And to add to this, many countries classify certain crimes as a reason to refuse (or limit) entry into their country. The Canadian Government has determined certain individuals are not allowed to enter Canada or to remain inside the Canadian borders if they have committed certain crimes including a DWI or DUI offense.
Photo Credit
DWI Saturation Patrol in Fairfax County © Some rights reserved by fairfaxcounty on Flickr
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