DUI vs DWI: Charges

In 2006, more than 1.4 million drivers were arrested for either DUI (driving under the influence), or DWI (driving while intoxicated) in this country. The problem is, what do they mean? There is confusion, but it can be cleared up by looking at the various state laws.

Similarities and Differences

States vary in the use and meaning of the acronyms DUI and DWI:

In some states the terms are interchangeable and both mean a drunken driving charge
Other states consider DWI a more serious offense, and DUI a lesser charge
In still other states DWI represents a drunken driving charge, while DUI is drug-related

Determining Drunk Driving

All states consider it a violation of a person’s rights for law enforcement officials to make random traffic stops for DUI or DWI. For that reason, an officer has to have probable cause before stopping someone. The most obvious “probable cause” is if they exhibit haphazard reckless driving.

Penalties for Drunk Driving

Intoxicated driving penalties vary by state, but they generally include stiff fines and points on a driving record, possible driving school, and even a suspended driver’s license. Additional intoxicated driving penalties include increased insurance rates, which can last for three years or more.

DUI/DWI Legal Help

The vast majority of those charged with intoxicated driving penalties do not fight the charges. In fact, many drivers do not know that a random traffic stop violates their civil rights. In addition, while an officer may believe someone is exhibiting haphazard reckless driving, it may only be a false perception. In any of those cases, the defendant has the right to contact a criminal attorney to consider their case and determine if they have grounds to fight the charge, avoid the points on their driver’s license, and keep their already expensive insurance rates where they are.

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