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This content is for informational purposes only and is not intended to provide legal advice.
A DUI is a type of criminal charge that can affect your driver’s license and potentially cost you in the form of fines and penalties. The term “DUI” actually stands for driving under the influence, and it is more often than not a misdemeanor. However, there are some instances in which it can be charged as a felony. DWI stands for driving while intoxicated, and that is another type of criminal offense with the potential for serious punishments.
Many people assume that a DUI and a DWI are identical and equally serious offenses, even when they occur in the same context. This is not necessarily true. A DUI results in a conviction if it is determined that the driver was impaired by alcohol or drugs while operating his or her vehicle on any highway, road, street, or another way of public travel. A DWI is a bit broader because it can also apply when the person is charged with public intoxication. While public intoxication is not necessarily a criminal charge in some states, it does have the potential to result in serious penalties.
What Are Some Differences Between DUI vs. DWI?
Even so, there are a few significant differences that can affect the outcome of a case and penalize you more severely. While both charges represent alcohol-impaired driving, it is important to understand that DWI carries with it some very serious consequences. For example, if you are convicted of DWI as a felony in Florida, you could be sentenced to five years in prison for your second offense and up to ten years for your third offense.
DWI also bears a significantly greater punishment than DUI. A DUI conviction will cost you as much as $1,000 in fines, but DWI can cost you up to $5,000. In addition to being financially devastating, the penalties for a DWI conviction will prevent you from traveling to and from Canada and Mexico via land or water. You will also face an additional suspension of your driver’s license and perhaps a requirement that you install an ignition interlock device on your car. You could also be ordered by the court not to have any alcohol in your vehicle while driving.
What Are the Penalties for DUI/DWI?
The penalties that you may face will vary depending on the severity of the offense and your prior driving history. In general, a DUI conviction can result in several consequences, including Immediate license suspension or revocation; Fines, fees, and court costs; Mandatory installation of ignition interlock device; Required alcohol treatment program; Probationary periods; Jail sentence (if convicted of a second or subsequent offense) or prison term (if convicted of a third offense); License suspension for large commercial trucks and buses.
However, it is important to note that a DWI may also be filed as a felony and can result in much harsher penalties. In most states, penalties for a felony DWI depend on the driver’s prior record and whether the crime was categorized as a misdemeanor or felony.
What Is the Cause of This Misunderstanding?
There are many factors in the way that these two criminal charges are perceived. A DWI may be quite shocking and can even result in a public outcry against the accused, but it is simply defined as leaving a vehicle and being found in that vehicle under the influence. A DUI, however, has a much greater element of “conduct” because it often involves being arrested for driving while impaired. This can be a more serious charge in some states, and it may be perceived as very odious.
What Are the Legal Differences?
When it comes to legal differences, DWI is primarily a financial crime that involves the possible arrest and potential consequences. A DUI charge is much more severe because it can often involve legal action against your driver’s license. A DUI conviction has the power to strip you of your driving privileges in certain instances. Even though some criminal judges are reluctant to hand out severe punishments, these penalties can have a strong effect on a person’s ability to have freedom of movement.
If you find yourself charged with any type of impaired driving, it is important to consult with a knowledgeable and aggressive criminal attorney who can fight these charges. An attorney can help you determine the best course of action if you decide to plead guilty or go to trial. If a trial is your best option, an attorney can help you build a strong defense.
Conclusion:
There are several differences between a DUI and DWI that must be understood in order to protect and defend yourself. While both of these crimes carry heavy penalties and may result in a loss of your driving privileges, it is important to note the difference between these charges before speaking with law enforcement. A DUI conviction is not always a bad thing, but it can result in serious consequences if you are found to be impaired while driving. It is best to reach out to a legal professional for help defending against charges like these.
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