There’s no better feeling than driving down the highway heading for some distant destination. And when you finally get there after a day at the wheel its time to relax. If alcohol is part of your downtime its good to be aware of some facts regarding driving and intoxication.
What is the difference between DUI and DWI? Well, they both refer to drunk driving. DUI stands for driving under the influence, while DWI stands for driving while intoxicated. Basically they both mean driving while under the influence of alcohol and/or drugs. Some states treat them the same while in others they are judged as separate crimes. If this is the case then DUI is classified as the lesser charge.
To test for these charges the blood alcohol concentration (BAC) is determined upon arrest. The BAC measurement shows the percentage of alcohol in the blood. A driver is deemed intoxicated of the BAC is above 0.08 percent – although a lower reading can result in an arrest too. A DWI may be reduced to a DUI if the BAC is not too high and also if it is the perpetrators first arrest for drunk driving.
If a state includes a zero tolerance policy then it does not distinguish between the a DUI and a DWI. The only criteria that counts is whether the BAC is above the legal limit. In certain states the term DUI is used when drugs or alcohol or any impairing substance is the intoxicant. In these states DWI infers alcohol. The drugs do not have to be illegal ones either – prescription drugs or over the counter drugs fall into this category too.
If the arrested driver is under the age of 21 then they can be held to stricter levels of BAC. These levels vary between .01 and .05 percent depending on the state.
If you are arrested for a DUI or a DWI then you should contact an experienced attorney immediately.
Information provided by the New Mexico DUI Attorney
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