Will I Be Charged With DUI Or DWI?

October 18, 2024

Did you know that about one person dies every 39 minutes in the US due to individuals who chose to drive while intoxicated? According to the National Highway Traffic Safety Administration (NHTSA), this accounts for 37 individuals dying per day or more than 11,000 deaths per year due to drunk driving.

The Law Offices of Robert Tsigler, PLCC says that aside from alcohol, there are also several other factors that can impact a person’s impairment while driving, including the amount of alcohol consumed, the amount of non-alcoholic food and beverages consumed before, during, and after alcohol, the duration of alcohol consumption, gender, body weight, and physical composition.

When charged with a DUI or DWI case, you can potentially face serious consequences. Let us look at how DUI or DWI differs and look at the penalties you may receive once charged with DUI or DWI.

Understanding DUI vs. DWI

DUI stands for ‘Driving Under the Influence,’ while DWI stands for ‘Driving While Intoxicated’ or ‘Driving While Impaired.’ The distinction between the two acronyms can vary depending on the state you are in. 

According to DUI attorneys, in some states, DUI and DWI are used interchangeably to refer to impaired driving due to alcohol or drugs.

DUI is more commonly used to describe driving under the influence of alcohol, while DWI may encompass a broader range of substances, including drugs. The level of impairment, blood alcohol concentration (BAC) limit, and penalties can also differ between DUI and DWI charges. 

It is important to understand the specific laws in your state regarding impaired driving to know the exact implications of a DUI or DWI charge.

Legal Definitions And Distinctions

When it comes to legal consequences, the difference between DUI and DWI might not always be significant. Both can result in severe penalties such as fines, license suspensions, mandatory education programs, and even imprisonment. 

The specific charges and penalties you might face depend on various factors like your blood alcohol concentration at the time of the offense, any prior convictions, and whether there were any aggravating circumstances, such as causing an accident or injuring someone.

A DUI charge is extremely time-sensitive. Failing to act within the first 30 days after your arrest may result in the automatic suspension of your license for 12 months, with no-work permit, and the incapability of abolishing the suspension.

Factors Influencing Your Charge

Several key elements can impact whether you are charged with a DUI or a DWI. The primary factor is your blood alcohol concentration (BAC) level at the time of the arrest. If your BAC exceeds the legal limit of 0.08%, you are likely to be charged with a DUI. 

Your behavior during the traffic stop and any signs of impairment observed by the officer will also play a big role in determining the charge.

The presence of aggravating factors, such as causing an accident or having a minor in the vehicle, can elevate the charges against you. Your past driving record and history of DUI or DWI convictions will also influence the severity of the charge. 

Cooperation with law enforcement and adherence to sobriety tests can sometimes mitigate the charge or result in reduced penalties. It is important to be aware of these factors and how they can impact your case when facing a DUI or DWI charge.

Potential Consequences Of DUI/DWI

If convicted, you may face fines, license suspension, and even jail time. A DUI or DWI CHARGE can also put a financial burden on you. 

Aside from fines, you may also need to pay for legal representation, court fees, and increased insurance premiums. Your driver’s license is also at risk, with the possibility of suspension or revocation, limiting your ability to travel to work or handle daily responsibilities.

Needless to say, a DUI or DWI conviction can also have lasting effects on your personal and professional life. It may show up on background checks, impacting job opportunities or chances of getting professional licenses. 

The social stigma associated with such charges can also strain relationships with family and friends. Overall, the consequences of a DUI or DWI charge are serious and can have long-lasting implications.

What To Expect If Charged

If charged with a DUI or DWI, you can expect to go through a legal process that may include court appearances and discussions with legal representatives.

Initially, after being charged, you will likely have to attend an arraignment where you will enter a plea. Depending on your plea, the next steps may involve setting a date for a trial or reaching a plea agreement.

Throughout this process, you may need to work closely with your legal counsel to understand the charges against you and determine the best course of action. It is important to comply with any court orders, such as attending required hearings or alcohol education programs.

Being charged with a DUI or DWI can be a stressful experience, but staying informed and cooperating with legal proceedings can help you deal with the process more effectively.

Conclusion

Regardless if you are charged with DUI or DWI, you need to take the necessary steps to address your situation and work towards a resolution. Hiring an attorney with experience in dealing with DUI or DWI can ensure you have someone advocating and negotiating for you so you do not get the harshest penalties available.

 

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Andi Perullo de Ledesma

I am Andi Perullo de Ledesma, a Chinese Medicine Doctor and Travel Photojournalist in Charlotte, NC. I am also wife to Lucas and mother to Joaquín. Follow us as we explore life and the world one beautiful adventure at a time.

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