The Difference Between a DUI and a DWI
DWAI stands for driving while impaired and is also referred to as driving while intoxicated. The laws for this type of driving vary from state to state, and you will need to research the laws in your state before you decide whether to seek a lawyer or not.
DUI vs. DWI
Whether you are confused about DUI and DWI or want to be a better driver, understanding these two legal terms can help you avoid accidents and other severe occurrences. The legal ramifications of a DUI or DWI are intense and can have far-reaching financial consequences.
The legal difference between DWI and DUI is the blood alcohol concentration (BAC) level. A BAC of 0.08 or higher is the minimum level required by law to be charged with a DUI. However, some states will pursue DUI charges with BAC levels as low as 0.01%.
If you are convicted of a DWI, you may be ordered to complete community service, a program for alcoholics, or an ignition interlock device installed in your vehicle. An ignition interlock device prevents your car from starting unless you pass a chemical breath test. You can also be ordered to install an ignition interlock device if you refuse to take a chemical breath test.
DWAI penalties in New York
DWAI penalties in New York differ depending on the type of drug used. The law also considers the alcohol level when determining whether the driver’s driving impairment was due to alcohol or a drug.
First-time DWAI convictions are classified as misdemeanors. A fine of $500 to $1000 can be imposed, and a 90-day suspension of the driver’s license can occur. Those with prior DWAI convictions are subject to a one-year license revocation. The revocation can be extended if the offender is convicted of another DWAI offense within the next ten years.
A third DWAI conviction within ten years is a misdemeanor. A fine of up to $1500 can be imposed, and a one-year license revocation can occur. It is also possible to have your driver’s license suspended for up to six months.
Aggravated DWI is a severe criminal charge. A driver is deemed to have been “per se” intoxicated when the blood alcohol content reaches.18 percent. A second or third aggravated DWI will result in a mandatory minimum revocation of 18 months.
Maryland
Depending on the situation, you may face severe penalties for a DUI or DWI in Maryland. The consequences can range from fines to jail time. Having a professional DUI lawyer on your side can help you navigate your legal rights and responsibilities.
A DUI can be charged when a driver’s blood alcohol content (BAC) is above a certain level. Unfortunately, most drivers don’t realize that a BAC of 0.07 or more is considered to be intoxicated.
A DUI is a more severe charge than a DWI. It is also more likely to result in jail time. However, first-time DUI offenders may be eligible for Probation Before Judgment (PBJ), a unique opportunity to get back on track after an arrest.
PBJ can be a valuable option for people who don’t think they can win their case. However, during this period, only law enforcement officers will know about the conditions of your probation.
For a first-time DUI offender, probation before judgment is the least significant of the two. This involves taking a short course of probationary measures that do not have to be documented on your public criminal record. During this time, you may have to perform community service or undergo an alcohol treatment program.
Texas
Whether you are a first-time offender or have a criminal history, a DWI’s consequences can seriously impact your life. In Texas, a DWI is an illegal driving offense that involves operating a vehicle while under the influence of drugs or alcohol.
The consequences of a DWI conviction can range from fines to jail time and are considered very serious. DWIs are classified as Class B misdemeanors. For a first offense, penalties can include suspending your driver’s license. If you are convicted of a DWI, you will also be required to pay a DWI surcharge to the Texas Department of Transportation.
In addition to criminal penalties, administrative penalties can also be imposed. These penalties can result from refusing a chemical test or failing to take a chemical test. Some consequences of a DWI conviction may include license suspension, alcohol awareness classes, up to 40 hours of community service, and up to $500 in fines.