DUI/DWI: A Plain English Guide

Dealing with a DUI/DWI charge? I’ve been there. Trying to understand all the legal mumbo jumbo around drunk driving can make your head spin. As someone who has navigated this process and come out the other side, I wanted to provide a straightforward guide to DUI/DWI laws and consequences in simple terms. I’m not a lawyer, but I’ll walk through the basics so even non-legal folks can understand how DUIs work. My goal is to break it down without all the confusing legalese. Ready? Let’s hit the road.

What is the Difference Between DUI and DWI?

These terms are often used interchangeably, but there are some subtle differences:

• DUI = Driving Under the Influence – Being impaired by alcohol or drugs while operating a vehicle.
• DWI = Driving While Intoxicated – Having a blood alcohol concentration (BAC) at or above the legal limit.

So all DWIs are DUIs, but not all DUIs are DWIs. You can be charged with a DUI even if your BAC is under the limit if officers determine you were driving impaired.

What is the Legal BAC Limit?

All states have a legal BAC (blood alcohol concentration) limit of 0.08% or higher. If your BAC is over the limit, you can be charged with a DWI. For commercial drivers, the limit is lower at 0.04% BAC.

While DWI implies being over the BAC limit, you can still be convicted of a DUI for impairment below the legal limit. It depends on the officer’s judgment.

Penalties for DUI/DWI Convictions

Penalties vary by state but generally include:

• Fines and fees – $500 to $2000+
• License suspension – 30 days to 1 year
• Jail time – Up to 6 months
• Probation
• Court-ordered alcohol education classes
• Ignition interlock device installed in your vehicle

Penalties ratchet up for repeat DUI/DWI offenses or aggravating circumstances like excessive speeding, accidents, or injuries.

Your DUI/DWI Arrest

If pulled over under suspicion of drunk driving, police will likely administer field sobriety tests like:

• Horizontal gaze nystagmus test
• Walk-and-turn test
• One-leg stand test
• Reciting the alphabet
• Touching finger to nose

Refusing tests can result in license suspension. If arrested, you’ll be transported for BAC testing by breath, blood, or urine sample.

Hiring a DUI/DWI Lawyer

An experienced DUI lawyer can help by:

• Contesting improper sobriety testing procedures
• Challenging breathalyzer accuracy
• Disputing blood and urine testing methods
• Raising doubts about impairment levels
• Negotiating plea deals with reduced penalties

Don’t go it alone against the complex DUI/DWI system. A lawyer levels the playing field.

Common DUI/DWI Defenses

Some defenses your lawyer may use include:

• Questioning probable cause – Did police have valid reasons to pull you over and test you?
• Faulty equipment – Was the breathalyzer properly calibrated and working correctly?
• Medical conditions – Could conditions like diabetes mimic signs of impairment?
• Inaccurate BAC estimates – Can they prove your actual BAC based on measures taken?
• Illegal traffic stop – Did officers violate procedures and your rights?

Skilled DUI lawyers know how to pick apart the prosecution’s case using technicalities and science.

Your DUI/DWI Court Process

The basic court process after a DUI/DWI arrest includes:

1. Arraignment – You’re formally charged and enter a plea.
2. Pre-trial motions – Your lawyer challenges evidence, tests, etc.
3. Plea bargaining – Negotiate reduced penalties if pleading guilty.
4. Trial – Prosecution must prove your guilt if pleading not guilty.
5. Sentencing – Penalties are handed down if found or pleading guilty.
6. Appeals – Grounds to appeal the conviction or sentence.

With an attorney’s help, you may be able to get charges dropped or reduced to reckless driving rather than DUI/DWI.

Your DUI/DWI Record

A DUI/DWI conviction remains on your criminal record and driving record for many years. It will show up on background checks by employers, landlords, etc. An experienced lawyer may help get your record expunged after a period of time.

Impact on Your Insurance

Expect a big spike in your car insurance premiums after a DUI/DWI, typically 50-100% higher. Rates remain elevated for 3-5 years before decreasing if you maintain a clean driving record.

DUI/DWI Classes and Programs

Courts often order DUI/DWI offenders to complete alcohol education programs or treatment, including:

• DUI/DWI schools
• Outpatient rehab
• Alcoholics Anonymous (AA)
• Mothers Against Drunk Driving (MADD) Victim Impact Panels

These programs aim to change behaviors and prevent repeat offenses.

Ignition Interlock Devices

Many states require ignition interlock devices to be installed in DUI/DWI offenders’ vehicles. These devices prevent the vehicle from starting unless the driver passes a breathalyzer blow test. This helps prevent repeat offenses.

The Bottom Line

The consequences for DUI/DWI offenses can be severe, but also vary widely based on circumstances. If you’re facing a charge, stay calm and get a good lawyer in your corner. An experienced attorney can help minimize the penalties and damage to your life. Don’t assume you’re doomed – you have options.