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DUI Charges vs DWI Charges

 
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Joseph Hawthorne

One of the most common criminal charges that people are faced with are DWI or DUI charges. Both of these offenses involve driving a vehicle while under the influence of an intoxicating substance. However, a DWI (driving while intoxicated) charge refers specifically to alcohol. A DUI (driving under the influence) charge can also refer to other drugs such as marijuana or prescription medications. Both of these charges are quite serious, and can involve jail time, heavy fines, probation and community service.

More and more states are tightening up their laws concerning DWI and DUI charges. Years ago, people who were charged with these offenses often only received minor fines and penalties. This is far from the case today, though. Since more has been discovered regarding the consequences of drunk drivers, states around the country have enacted legislation that has dramatically increased the penalties associated with these crimes.

Drinking and driving is a very risky proposition. Any time you consume alcohol and get behind the wheel of a car, you run the risk of harming yourself or others. Indeed, a huge percentage of traffic fatalities and injuries are directly attributable to alcohol consumption. Almost everyone seems to know someone who has been effected by the actions of a drunk driver. Educational measures attempt to alleviate the problem, but prosecution seems to be the most effective deterrent in most cases.

That being said, what can a person expect when they are charged with a DWI or a DUI? Usually, immediately upon being pulled over by a law enforcement officer, a person is given a series of field sobriety tests. These vary from case to case, but usually involve trying to gauge any intoxication based on testing a person's motor skills and mental clarity. Common examples including reciting the alphabet backwards and touching your pointer finger to the tip of your nose.

After conducting these tests, a law enforcement officer will have a fairly good idea as to whether or not you are intoxicated. Considered to be probable cause, the officer will usually then present you with a portable Breathalyzer test. Refusing to do the test is a risky proposition, as the officer will then usually choose to have a blood sample taken. Even without a roadside Breathalyzer test, an officer with enough probable cause - i.e., through field sobriety tests and observations about things like smelling liquor on your person - will be enough to place you under arrest.

Most people are taken to jail until they can see a judge or post a bond. This is when a person is best off hiring a professional lawyer to help them with their case, too. While some states have very rigid laws in place, there is still enough "wiggle room" for an attorney to make a significant difference in the type and severity of the penalties imposed by a judge. Going in for a DUI or DWI hearing unrepresented usually results in every possible charge being rendered against you.

Therefore, if you ever make the mistake of drinking and driving and are arrested, make sure to hire a knowledgeable attorney. Their advice and counsel can dramatically improve the outcome of your case. The extra money that you spend will be well worth the amount of time and grief you will be exposed to by a judge who imposes stiff penalties on you.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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A Minnesota DWI lawyer at a local law firm can provide you with an experienced DWI attorney in Minneapolis MN.

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Article published on June 28, 2009 at Isnare.com
 
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