So, the cops have “evidence” that your blood alcohol level was more than the legal limit of 0.08%, don’t they?
No, that’s not quite how this works. After all, a DWI charge should always be fought. The “proof” that the authorities claim to have against you may have been acquired or administered illegally, and therefore be thrown out as evidence.
There are many additional variables that may work in your favor. Remember that if you are convicted, your whole life — both professionally and emotionally — is on the line.
But, no worries. You’ve come to the right place if you’ve been looking for information, like DWI meaning or even the differences between a DWI and a DUI. Keep on reading for our full breakdown of everything you need to know about DWIs and how to fight them.
DWI vs DUI: Understanding the State-To-State Differences
Let’s start by highlighting the basics of DWI vs DUI.
Basically, both terms are used to describe impaired or drunken driving, depending on state law. In some states, drunken driving is referred to as a DUI, while in others, it is referred to as a DWI.
When states use both terms, things get complicated. Frequently, one term refers to alcohol. The other term refers to impairment caused by substances other than alcohol. Like, prescription or recreational drugs. Also, the meaning of the terms can vary from state to state.
DWI is a term used in some states to describe driving with a blood alcohol content (BAC) above the legal limit. When a driver is charged with being under the influence of alcohol or drugs in those states, the term DUI is used.
DWI is a term used in other states to describe driving while under the influence of drugs, alcohol, or an unknown chemical. Driving under the influence (DUI) is the word they use to describe driving when inebriated. It’s important to double-check the state’s definitions.
What Are OUI and OWI?
Other abbreviations for drunk driving exist. Only three states, Maine, Massachusetts, and Rhode Island, use the term “operating under the influence.”
In certain countries, the term “operating while intoxicated” (OWI) is used.
The term “operating” refers to more than simply driving the vehicle. Someone may be prosecuted for operating under the influence even if the car is stopped and not running.
Other Factors that Contribute to Drunk Driving
Any of these offenses indicates that the arresting officer believes the motorist is too intoxicated to drive. Even if a driver’s blood-alcohol level is below the legal limit, they may be prosecuted for impaired driving (or driving under the influence) in certain countries.
Even if your BAC is less than 0.08, you may fail a field sobriety test and be considered impaired. In addition, all states have zero-tolerance rules.
Those make it illegal for anybody under the age of 21 to drive with even a trace of alcohol in their system. This implies that anybody under the age of 21 who has a blood alcohol concentration (BAC) of more than 0.00 will be charged with a DWI or DUI.
Know That Drugged Driving Is Impaired Driving
If you seem intoxicated to the arresting officer, but your breathalyzer test reveals that you are not, they may accuse you of using substances that impair your driving abilities. Prescription and nonprescription medicines, as well as illicit substances, fall under this category.
A Drug Recognition Expert (DRE) officer may then be summoned to the site to conduct a battery of tests. You may be charged with DWI or DUI if the DRE officer’s multi-step assessment procedure finds that you are actually under the influence of drugs. The accusation is based on the state’s definition of drugged driving.
Medications, whether prescription or over-the-counter, may affect your driving abilities. Even if you haven’t taken a drink of alcohol, you may be charged with drugged driving.
DWI Arrest and Consequences
If you are caught for impaired driving, no matter what the crime is named in your area, you will face severe penalties. You will most likely lose your driver’s license and pay penalties and court costs if you are convicted or plead guilty.
If you commit a second violation, you may be sentenced to prison. You will very certainly be put on probation and forced to do community service. You’ll almost certainly have to take defensive driving courses to regain your driver’s license.
In most jurisdictions, you will also be subjected to a review of your drinking or substance-abusing habits. You may be required to participate in a drug or alcohol treatment program as a consequence of the findings of that assessment. This approach may vary from attending a few Alcoholics Anonymous meetings to enrolling in a residential treatment center.
Following a DWI Conviction
You’ll almost certainly require SR-22 insurance after you get your driver’s license back. Depending on the regulations in your area, this may double or treble your rates. For the next three years, you should expect to pay higher premiums on average.
Depending on your state, you may also be forced to have an ignition interlock device placed on your vehicle, which prevents you from starting your vehicle until you blow into the device and it detects that you have not consumed alcohol. This necessitates the purchase of the gadget, as well as its installation and a monthly monitoring cost.
The bottom truth is that being arrested for driving while intoxicated is a time-consuming and costly process. However, it is completely preventable.
Simply said, don’t drive when inebriated or under the influence of any substance. This includes any prescription medicines that come with a warning against driving while impaired, as well as any that may impair your attention or induce sleepiness.
Learn About The Collateral Penalties
Depending on whether your crime is a first-time Class B misdemeanor or a repeat or DWI severe offense, you may face collateral penalties, which are penalties that remain on your record after a conviction.
These unintended effects may include having to alter your regular schedule and forgo meetings with friends and other outings that you are used to taking.
Also, having your insurance canceled or paying higher insurance rates and potentially being subjected to limitations to restore your auto insurance. You might experience difficulty with finding work, particularly for jobs that need security clearances or professional licenses.
Because of the limitations on your job options, you’re finding it difficult to pay for your family and retain custody of your children.
The same applies to having trouble getting loans for school or houses or simply applying for a house or apartment to rent. And, if you got convicted of a felony, then you won’t be able to keep or buy weapons, and you won’t be able to vote any longer.
Needless to say, you’ll want to contact a DWI lawyer as soon as possible to learn about your defense options.
What Are Your Possible DWI Defenses?
Many individuals arrested for a first-time DWI believe there is nothing they can do to get the case dropped or the penalties lowered, but there are genuine defense tactics that have worked for many of our clients in the past.
First and foremost, the police must have probable suspicion to pull you over. They must have reasonable cause to think you committed a crime before they may arrest you. A competent attorney can dispute both in court.
The police must follow specific criteria and procedures while conducting the breath test. The necessary procedures may be unclear to an unskilled Intoxilyzer operator.
Even the most seasoned veteran may make errors. In addition, the Intoxilyzer must be maintained properly and calibrated. These are other variables that may be contested.
Even if you rejected the breath test and were instead subjected to a blood test as a consequence of a warrant, the findings may be contested on the basis of a lack of appropriate chain of custody. The sample may have been contaminated or polluted during the handling and transfer of the blood vial. This is another place where difficulties may arise.
If enough doubt can be thrown on this kind of evidence and police processes — including looking through police records for anomalies — your attorney may file a motion to suppress the evidence. Your lawyer may also ask for witness evidence, including police officer testimony, to be excluded due to unlawful processes.
Remember that a DWI begins with an opinion (that of the arresting officer) and concludes with an opinion (that of the prosecutor) (that of the judge or jury).
It is possible to question people’s beliefs and alter their views. With so much at risk, you need the finest legal counsel available.
If you accept a conviction that you really shouldn’t have accepted, your life may never be the same, and pleading guilty is no assurance that the court will treat you fairly.
You Need to Have DWI Lawyers on Your Side
In the midst of dealing with a charge, saying that you’re stressed would be the understatement of the century. And, when you’re emotionally compromised, making logical decisions can be rather difficult.
Hopefully, our guide has shed some light on the nuances of DWI charges and why you need to fight them with every tool you might have.
And, if you liked reading our article, then you’ll love checking out our additional tips and strategies. All of them are available in our legal section.