Getting a DUI or a DWI is an awfully serious offense, but the penalties for either can be different. While some states use the terms interchangeably, others have different definitions, and some even use different terminology altogether. There are a few differences, too, such as how much blood alcohol is considered to be impaired while driving. DUI is the more serious of the two, but it is a serious charge regardless of how the DUI or DWI is categorized.
First of all, you’re charged with a misdemeanor unless your first offense was a felony. For instance, a first-time DUI charge in Minnesota is typically a misdemeanor, but a second-time DWI charge can lead to a felony. If your DUI charge is your third or fourth time, you’ll be charged with a felony, and the maximum penalties are similar to the second-degree offense.
While there is no official definition of impairment, there are several common signs. One of the primary signs of impairment is erratic driving. A private citizen may call law enforcement after spotting a motorist swerving or weaving across lanes. That private witness can later be called to testify in a trial, and the state can use the evidence against the driver. Moreover, a DWI arrest will often be recorded on video, either from an officer’s body camera or from the dashboard camera of a patrol car. These signs indicate the presence of alcohol.
In a typical case, a DWI charge is more serious than a DUI, because a DWI charge requires a blood test to determine a driver’s BAC. However, the state must prove that a driver was indeed intoxicated. Therefore, if a blood test is obtained, it is better to get a DUI rather than a DWI. When it comes to the severity of a DUI, it is important to know your rights and the consequences of a DWI.
In an incident involving an intoxicated driver, the arresting officer may suspect that the driver was impaired by drugs. These drugs could be prescription, non-prescription, or illegal. In such a case, the arresting officer may call a Drug Recognition Expert (DRE) officer who performs tests to determine whether the driver is under the influence of drugs. If the officer suspects drugged driving, a driver can be charged with both a DUI and a DWI.
In New York, the penalties for a DWI are higher than those of a DWAI. In a case involving a DWI, the first-time offender may be hit with a fine of $1,000, three years of probation, or even a year in jail. In addition to the fine, a DWAI conviction can lead to a driver’s license revocation for up to six months.
If you have never been intoxicated, a DWI charge is not something to worry about. In many states, the penalties for a DWI charge are less severe than those for a DUI. But if you do drink, you could still get a DWI, which has even more serious consequences. If you can’t avoid a DWI, hire a Lyft or Uber. If you have ever been arrested for a DUI, you should consult with a defense attorney immediately to determine what your options are.
