A Closer Look at DUI and DWI Charges
Posted on Jan 30, 2013 3:14pm PST
Driving under the influence of drugs or alcohol is considered to be a very serious offense, and punishable by law. Depending on the circumstances of your arrest will determine the severity of the consequences you will be facing. Many people often wonder as to whether there is a difference between a DUI and a DWI and the only difference that it makes is depending on which state you live in. Driving under the influence (DUI) and driving while intoxicated (DWI) are essentially the same offense with different wording. There is also the possibility you will win run across the tern OUI meaning operating under the influence, which again means the same thing. Driving under the influence means that you were found behind the wheel of a moving vehicle intoxicated by either a drug or alcohol and your ability to control the vehicle was altered.
Whichever terminology is used in your area, the important factor to realize is that law enforcement all over the country takes this offense very seriously, and there is continually new legislation being fought for to buckle down even more so on offenders. Why are these offenses taken strictly? Because 1 in every 3 fatal car accidents are caused by a drunk driver on the road. Out of all 50 states in our country, every one of them treats DWI or DUI offense as criminal acts, whether you are under the influence of alcohol or a drug substance of some sort. Anything that is considered to be impairing your ability to properly, and safely, handle a motor vehicle is considered to be illegal.
Depending on the arresting situation, there is a possibility that your DUI charge could be considered a felony crime, rather than a misdemeanor, resulting in far more severe consequences with the law. If this is your fourth DUI offense conviction, or your DUI resulted in an accident with injury, then you could be facing a felony DUI charge. The difference in penalties can be quite large. Where a misdemeanor DUI offense could result in up to a year in jail and other consequences, if you are convicted of a felony you could be looking at years behind bars, extreme fines, and so much more.
Law enforcement officers will determine your inability to drive based on your blood alcohol content level (BAC), and if you are over .08% it is considered illegal to be behind the wheel of a car. In the event you are pulled over and discovered to have a BAC level over the legal limit you will be arrested for a DUI, whether or not there was anyone else or affected by your actions. The police will arrest you because even if no one was hurt yet, the possibility of you getting involved in a car crash later. These tests are used to convict drivers of their criminal offense, and if the court is convinced that the test is accurate even the testimonies of trusted witnesses may not be able to change that.
For this very reason, hiring a skilled and aggressive DUI defense attorney in your area is absolutely essential if you have been arrested for a DUI. An attorney can help find whatever information is necessary to defend your case including factors like proving that the BAC test was not accurate, or that the arresting officer failed to read the Miranda rights, etc. By hiring an attorney you can rest assured that they will look out for your best interests and fight to protect your rights during your case. Find an attorney near you today if you have been arrested for a DUI; do not to wait, time is of the essence!
Related News:
Posted on Jan 27, 2012
It's hard to believe, but DUIs can occur with no car involved. Driving under the influence is not restricted to people driving four wheeled vehicles on the highway. Instead, if you get behind the ...
Read More »
Posted on Mar 5, 2012
Saturday night Alex White, a pitcher for the Rockies team was arrested in Arizona under suspicion of driving while intoxicated. After failing both the field sobriety test as well as the breathalyzer, ...
Read More »
Posted on Mar 28, 2012
Bobby Brown, the famous rapper and Whitney Houston's former husband, was allegedly arrested for a DUI on March 26 th, 2012 in the San Fernando Valley. He was only a few miles from his home when he ...
Read More »