Most people pay very little attention to the difference in terminology until it affects them personally. It’s true that these terms are used interchangeably, but if you’re facing charges for driving under the influence of drugs or alcohol, the difference becomes extremely important. This article will explain why.
DUI And DWI Are Not Interchangeable Terms
The first difference between these two terms appears to be semantic. DWI means driving while intoxicated or impaired and DUI means driving under the influence
While both infer that you were caught operating a motor vehicle impaired by drugs or alcohol, one term does indicate a lesser charge than the other. How the terms are differentiated dictates how the corresponding charges will be dealt with.
A DUI usually indicates a lesser degree of intoxication at the time of the arrest, unless illegal drugs are involved. Your level of intoxication can be determined by various field sobriety tests conducted on-scene by law enforcement. However, you are within your rights to refuse to perform those tests and refuse a Breathalyzer.
If you go this route, you may have a stronger case to reduce or drop any charges, but it is very important to speak to an attorney as soon as possible after you’re arrested.
Certain conditions must be met if the charges are going to be reduced:
- It has to be your first offense
- You have to show genuine remorse for your actions
- Your blood alcohol level cannot be drastically over the legal limit
If you have refused to take any sobriety test, you can still attempt to get your charges reduced with the help of a skilled attorney.
What Is A Zero-Tolerance State?
The difference between a DWI and a DUI also depends on the state’s statutes regarding impaired driving. The states with the strictest laws, Texas included, will often treat both charges equally.
When there is no differentiation between the two terms, it is generally referred to as a zero-tolerance state, meaning any blood alcohol level that is over the legal limit is punishable by the same manner. The only difference that might impact your case is whether or not you were under the influence of illegal substances when you were arrested.
Expect the consequences to be severe in zero-tolerance states. Keep in mind, the laws are there because these states tend to have some of the highest roadway accident rates in the country. They will be looking for signs of intoxication even when there are none. They do reserve the right to pull driver’s over on suspicion of intoxication alone — a fact which can lead to false arrests and, with the right representation, a debunked case.
The most important thing you can do is to understand the basics under state law and avoid behavior that impacts your defense. An attorney at Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas, may be your only hope of retaining unrestricted driving privileges. Don’t wait; contact them right away.