What is a DUI/DWI

Getting a DUI or DWI is bad enough. Everyone makes mistakes, but some people have the bad luck to get caught. However, now the real cost of a DUI is making itself apparent in the form of fines, possible jail time, additional charges and mandatory classes and substance counseling. Add to this the suspension or loss of your driver’s license and the tolls from one mistake quickly mount to a staggering degree. Of course, not getting a DUI or DWI in the first place prevents those problems, but if a driver does, the first and most important thing the driver needs to know is the laws of their city, county, and state concerning these charges.

What is a DUI/DWI?

These terms are often used interchangeably, but they are very different in scope in focus. DWI stands for “driving while intoxicated,” and usually refers to arrests where alcohol is involved. DUI, “driving under the influence,” typically refers to a driver who shows signs of using drugs such as marijuana, cocaine, or methamphetamine. DUI is more common parlance in drug-related intoxication arrests, but the specific definition and whether any distinction is drawn between the two is subject to the interpretation of the jurisdiction(s) involved.

What should a driver do if arrested or detained on suspicion of DUI?

Any defense attorney will say that the first thing a driver charged with suspicion of DUI or DWI must not do is volunteer information. Although the laws in most jurisdictions permit a driver to refuse a sobriety test of any kind, they also assume such a refusal as an admission of guilt and will file charges as if the suspect had blown an illegal breathalyzer or shown positive on a blood test for drugs. For this reason, beyond the minimum cooperation with the authorities, it is never wise to say or do anything that could be construed as an admission of guilt.

Knowing the laws of a given jurisdiction and how they apply to a particular situation can also help ameliorate the damage of a DUI or DWI. This includes the penalties, fines, and possible other punishments. dui.findlaw.com offers a clearinghouse of DUI information by state. This site only addresses the immediate consequences of a DUI and doesn’t have information on administrative, civil, or criminal penalties (i.e. license suspension through the state DMV, community service, or jail or prison sentences) that may be levied. Information the site does give includes the minimum term of suspension or revocation or a driver’s license, whether a vehicle interlock is likely to be ordered by a judge, whether drug or alcohol counseling and observation are mandated in a given state, and when or if one’s vehicle can be impounded.

It is important to note that although the federally recognized limit for intoxication is .08, individual states have their own laws governing DUI. In Nevada, for example, the legal limit is .08. By contrast, in certain jurisdictions in neighboring Utah, if a driver has one beer and gets pulled over, submits to a breathalyzer, and the test shows any breath alcohol, the driver will be charged with DUI. Utah state law, however, mandates a blood alcohol content (BAC) of .08.

As a final note, nearly every state has an implied consent law which says that anyone who drives anywhere in that state, resident or not, has by driving on that state’s roads given implicit consent for law enforcement to test that person for alcohol or drugs via breathalyzer, blood test, or both. A driver who fails to submit to such testing, as mentioned above, may be penalized regardless of whether they are or aren’t intoxicated. These penalties vary by state.

Underage and Commercial Driver DUI/DWI

Nearly every state has a zero-tolerance policy for underage drivers and drastically reduced acceptable BACs for commercial drivers suspected of DUI and DWI. These laws frequently offer harsher penalties for underage drivers who are shown to be intoxicated or under the influence. In the case of commercial drivers, whose livelihoods are directly linked to their CDL, one DWI can put them out of business permanently because of strict DOT regulations concerning driving records and DWI convictions.

Other Penalties and Fines

While most states have less severe first offense penalties, they can also require that drivers convicted of DUI or DWI spend time in jail, under house arrest, or performing community service. It is not uncommon for states to additionally require drug or alcohol screening or counseling, victim impact panels, driving school, and other counseling and rehabilitation services at the driver’s expense. This does not take into account legal fees, cost of reclaiming an impounded vehicle, or court costs.

States such as Utah have other charges: “wet reckless” and aggravated DUI. “Wet reckless” is a plea bargain wherein a case of DUI can be pled down to a lesser offense, “wet reckless” or simply reckless driving. This is only available when the driver has not caused injury or property damage and the BAC was borderline. Such a plea carries less severe penalties, but remains on the books for ten years in Utah. A second offense in that time will not be eligible for plea bargaining and will be treated as a full DUI regardless of whether or not the driver is actually impaired at the time of arrest.

Aggravated DUI means that a driver’s BAC has been shown to be double, or more, the legal limit. This definition and the charges involved vary by state, but aggravated DUI is generally treated as much more serious, even for a first offense, than a typical DUI.

Steps To Take If Detained For DUI/DWI

For any driver anywhere, the best defense against DUI charges is not to chance them in the first place. But if detained, the driver should immediately contact a lawyer with experience in this area of law. The second step, after release from detention, is to familiarize oneself with the applicable statutes and regulations in the locale in which the charge occurred.