What's the difference between a DUI and a DWI?

When the average person hears the phrases DUI or DWI, they don't know the difference, but they do know it somehow involves drinking and driving. For a DUI, which stands for "Driving Under the Influence" of alcohol, the prosecutor must prove that you were under the influence of alcohol or drugs while driving. He or she doesn't have to show the results of a Blood Alcohol Content (BAC) test. The prosecutor will attempt to introduce evidence of how the driver acted in order to prove this offense. Such evidence may include odd driving; glassy, bloodshot eyes; slurring of speech; coordination problems; etc.

On the otherhand, for a DWI, which stands for "Driving While Intoxicated," the prosecutor need only prove that the driver had a Blood Alcohol Content (BAC) of .08 percent or higher within two hours of driving. A DUI carries with it the same punishment as a DWI, both of which are Class 1 Misdemeanors.

So why have two crimes, a DUI and a DWI? As can be seen, a DWI is easier for the prosecutor to prove, as it usually comes down to science, i.e., is the BAC test producing an accurate reading. However, a person can still be charged with a DUI if their BAC was below .08. Take, for example, someone who has never consumed alcohol before and has two drinks within one hour. Generally, the average person will not have a BAC of .08 or higher after consuming two drinks in one hour. However, the inexperienced drinker may still be guilty of a DUI because they are impaired by the alcohol, having never experienced the physcological effects before.

For more information on DUI and DWI, with possible sentences and discussions for other DUI type offenses, please visit my website at www.win-law.com