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What is the Difference between a DUI and a DWI?

Nov 15, 2018

Driving under the influence (DUI) and driving while intoxicated (DWI) are two serious traffic offenses that often seemed to be used synonymously. However, there are some differences between the two designations, and it’s important for you to know what’s entailed in each offense if you’re ever charged. Here are some of the main differences between a DUI and DWI infraction.

The Severity of the Charge

In some states, driving while intoxicated is considered to be a more serious offense than driving under the influence. A DWI charge is often determined by having a higher blood alcohol content (BAC) or showing other signs of severe impairment caused by alcohol or other substance use. You may be able to get your DWI charge reduced to a DUI if you can prove that your level of impairment wasn’t as severe as the officer was led to believe at the time of your arrest.

The Amount of Jail Time

A DWI charge will likely incur more jail time than a DUI. For example, the state of Texas classifies a DUI as a Class C misdemeanor that involves no jail time while a DWI charge is considered a Class B misdemeanor that requires someone to spend a minimum of 72 hours in jail for a first-time offense. Most states classify a DWI as having a BAC of 0.08 or higher and will make an arrest and jail someone for a longer period than if the individual had a lower BAC and was charged with a DUI.

Fine Amounts

Obviously, you should expect to pay more in fines if you’re charged with a DWI instead of a DUI. These fines can range from a few hundred to thousands of dollars depending on if there are any prior offenses and the seriousness of the charge. With the information and assistance from a DWI lawyer, you may be able to get the amount of your fines reduced.

License Suspension

Your driving privileges may be revoked for a period of time with either a DUI or DWI charge. Many states suspend licenses for a period of 90 days up to a year for first-time DUI and DWI offenses. Subsequent offenses will require longer license suspensions, but these suspension periods are sometimes longer with DWI offenses. Being charged with multiple DWIs can also get your licensed revoked permanently, sooner than if you had subsequent DUIs.

Regardless if you’re charged with a DUI or DWI, you should expect to face serious legal consequences. It’s best to consult with a legal representative for guidance if you’re ever arrested for one of these offenses.

Author Info: Rachelle Wilber is a freelance writer living in the San Diego, California area. She graduated from San Diego State University with her Bachelor’s Degree in Journalism and Media Studies. She tries to find an interest in all topics and themes, which prompts her writing. When she isn’t on her porch writing in the sun, you can find her shopping, at the beach, or at the gym. Follow her on Twitter and Facebook: @RachelleWilber.

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