Monday, December 2, 2013

Is There a Difference Between a DUI and DWI?

What is the difference between DUI and DWI? Believe it or not, there is one. These two drunk driving offenses are not the same thing, and they carry very different penalties. While you should never drink and drive, and thus avoid putting yourself in the position of receiving one of these offenses, it's important to know the difference if you or a family member is ever arrested on one of these charges. Knowing the difference will help you obtain the best legal defense possible and to be sure you know your rights every step of the way in the process.In the United States, every state except New Jersey and Virginia treats DUI and DWI as separate offenses. A DUI is also known as Driving Under the Influence. It has less severe penalties than DWI. In some cases, a DUI can actually be a civil offense (which is fairly benign), especially in those under the age of 21, though it is usually prosecuted as a criminal offense. Unless you've injured someone while driving under the influence or have had more than one offense, a DUI may actually be treated as a misdemeanor. It is usually punished by a fine instead of prison time, and there is also usually a community service requirement imposed. Probation is likely, as well, at least for the duration of the community service, but sometimes longer.A DWI is also known as Driving While Intoxicated. This is a much more serious offense. It can be prosecuted as a civil case in those under 21 years of age, and usually involves a fine, suspension of the driver's license, and probation. There may also be a small amount of jail time. However, for someone over 21, it's always prosecuted as a criminal case. Depending on the degree of intoxication, as proved by the sobriety test, there will likely be a hefty fine and at least some jail time, even if it's of short duration. The more DWI's a person receives, the greater likelihood there is of significant jail time (several years or more) and permanent suspension or revocation of the driver's license. A suspension of the driver's license is highly unlikely in a DUI case, while community service isn't imposed as often in DWI cases.

For more info, please visit my DUI help site at [http://www.attorney

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