DUI/DWI

What is DUI/DWI?
DUI/DWI is the act of operating a motor vehicle while under the influence of drugs or alcohol (DUI) or driving while intoxicated (DWI). DUI/DWI is usually classified as a misdemeanor offense with the punishments ranging from jail time to informal probation with permanent marks on your criminal record. In the event there is a death or serious injury as a result of the accident, felony charges may arise, which carry more severe punishments.

Elements of the crime
It is important to remember that every state has its own laws governing the specifics of DUI/DWI, but there are some common factors that are consistent in most states. In order to prove DUI/DWI, the following elements are generally required:
  • Operate a vehicle while under the influence of drugs or alcohol; or
  • Operate a vehicle with a Blood Alcohol Content (BAC) over a certain limit, usually .08 to .10 depending on the state
The DUI/DWI laws can confuse people because most states have a limit (.08 - .10), however, you can still be charged with a DUI/DWI if you are under that limit based on your actions while driving and your performance in the field sobriety tests.

If convicted
If you are convicted of DUI/DWI, you might be subject to the following:
  • Jail sentence
  • Probation
  • Fines
  • Mandatory alcohol educational classes
  • Ignition interlock device a device that you blow into prior to starting your vehicle that locks your ignition if your BAC is over a certain limit
  • Permanent record
Factors affecting sentence
  • Level of intoxication there is an incremental increase in fines and duration of the alcohol education classes based on the level of intoxication
  • Prior convictions
  • Injuries caused as a result the offense
  • Current probation or parole status
Civil consequences
On the civil side, if you are found to be liable for your actions, you may have to pay for damages to any victims for:
  • Injuries plus pain and suffering
  • Medical expenses
  • Losses from missed work
  • Other damages
In all DUI/DWI matters, it is recommended that you seek professional legal assistance to protect your interests. A lawyer who has experience in this area of law can give legal advice that will assist you with the matter and will ensure that the judicial process is properly followed.