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What is the Difference Between a DUI and a DWI?

by Alicia M. Amezcua

What is the Difference Between a DUI and a DWI? Driving under the influence (DUI) is a serious offense and has serious consequences. You’ll likely face serious penalties and jail time if you’re charged with a DUI. You’ve been pulled over for driving under the influence (DUI), but you’re not sure what the difference is between a DUI and a DWI. The difference between a DUI and a DWI can make a big difference in your case.

If you’re a repeat offender, your license could be revoked, and you could lose your ability to own a car. If you’re caught again, you could end up in prison.

This is why it’s important to understand the difference between a DUI and a DWI and what penalties you may face.

If you’ve been pulled over by the police for suspicion of driving under the influence (DUI), you might not realize that you’ve committed a much more serious crime than just speeding or running a red light.

This question comes up a lot in our conversations with clients and readers. Some people are confused about the difference between a DUI and a DWI. They think they’ve committed a minor crime, yet a DWI’s consequences can be life-changing.

In this blog post, we’ll explore the differences between a DUI and a DWI so that you can understand the seriousness of these offenses and how to protect yourself against them.

 DUI and a DWI

DUI Definition

As you may already know, driving under the influence (DUI) and driving while intoxicated (DWI) are two types of crimes involving operating a vehicle while legally impaired.

This distinction is important because DUI laws are different from DWI laws. In particular, there are differences in penalties between these two types of crimes.

So, is a DUI a more serious crime than a DWI? This is a matter of perspective. It depends on your state, but a DWI is a more serious crime in most cases than a DUI.

For example, a DUI conviction usually results in fines and community service, whereas a DWI conviction usually results in jail time, loss of driving privileges, and additional penalties.

If you’re arrested for DUI, it doesn’t matter if you didn’t drink or drive. You may be able to beat the charge. But you may also have to pay a fine and take a class.

DWI Definition

A DWI is a misdemeanor offense, while a DUI is a misdemeanor or a felony offense, depending on the state. If you are found guilty of a DUI, you may face the following penalties:

$1,000 fine

90 days in jail

30 days of community service

However, this may not apply to everyone. Your state may have laws that treat DUI and DWI differently.

For instance, in some states, a person convicted of DUI faces up to 2 years in prison and a $5,000 fine.

Someone can receive a DUI but not have a blood alcohol level over the legal limit.

People often confuse a DUI and a DWI because they start with the same letter.

However, while they may sound similar, they are two different crimes with different punishments.

 DUI and a DWI

Driving under the influence

Driving Under the Influence (DUI) and Driving While Impaired (DWI) are illegal offenses in Texas. They are also both class B misdemeanors, meaning you can be charged with either crime without going to jail.

Although they sound similar, they are very different offenses.

A person can be charged with a DWI offense after being arrested for intoxicated driving. A person can also be charged with a DWI offense if they are impaired by alcohol but are not driving.

A person can be charged with a DUI offense if they are arrested for driving under the influence of drugs or alcohol.

The difference between the two offenses is that the person must be over 21 to be charged with a DUI. The age requirement for a DWI offense is 18 years old.

A person could not be convicted of a DWI offense if they were not operating a vehicle at the time of their arrest.

Driving while intoxicated

So you’ve been pulled over by the police for driving while impaired, and it’s your first offense. Do you know what that means? Or do you need to know what that means?

Knowing the difference between a DUI and a DWI is important so you know your options. In this article, we will compare and contrast the two types of driving offenses so you can better understand what happens next.

After reading this article, you’ll better understand what to expect during the process and how it will affect your future.

Driving under the influence of alcohol or drugs is commonly called a DUI. A person is under the influence if their blood alcohol level is at least 0.08 percent. This is equivalent to being legally drunk.

 DUI and a DWI

Frequently Asked Questions (FAQs)

Q: How long does it take to complete the alcohol test?

A: You may take a breath test if you are arrested for driving under the influence. It would help if you were asked to submit a breath or blood sample for testing before taking the test. The officer will give you information and show you how to take the test. Your state laws will vary, but the officer usually gives you an alcohol-detection device (ADP) and explains how to use it. The officer then checks your mouth and throat to ensure you have no drugs or other substances in your mouth or nose. You may also have to blow into a tube or a straw. The ADP is a small device with a line attached. It’s connected to a machine that checks the alcohol content of the blood, not the breath. Some states have different ADPs that fit for drugs, too.

Q: What’s the difference between a DUI and a DWI?

A: A DUI or Driving While Intoxicated charge refers to operating a vehicle while legally intoxicated by alcohol. A DWI refers to using a car while lawfully intoxicated by drugs. When someone is arrested for driving under the influence of drugs, they may also be charged with operating a vehicle while impaired by a controlled substance. If someone is accused of a DUI and a DWI, it is usually for the same incident. It is important to note that some states may charge someone with a second-offense DUI if they were previously charged with DUI and had their license revoked.

Q: Can a person be arrested for drinking and driving and not driving under the influence of alcohol or drugs?

A: Yes, this is possible. Drinking and driving can be a serious offense. This means that the person was impaired by alcohol.

Myths About DUI and a DWI

1. A person with alcohol use disorder has not driven while intoxicated (DWI).

2. A person with alcohol use disorder has not been arrested for driving while intoxicated (DWI).

3. A person drinking alcohol cannot drive safely or legally.

Conclusion

The big difference between a DUI and a DWI is the length of the suspension. You may receive a jail sentence and a lengthy license suspension for a DUI.

The difference between a DUI and a DWI is the crime that caused your arrest. A DUI means you were driving under the influence of alcohol or drugs. A DWI means you were driving while intoxicated.

So a DUI is a criminal offense that you committed. A DWI is a civil offense, and the police can arrest you.

You can still be arrested for a DUI even if you aren’t drinking or even driving. A judge will sentence you for your DUI regardless of your guilt.

You may receive jail time for a DWI but not a lengthy suspension. Your license will still be suspended, but you won’t have to serve jail time.

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