In many states, the distinction between Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) is beginning to close according to many DWI defense attorneys.
In the past, a DWI referred to having a blood alcohol content over a certain level while a DUI was under but still impaired. The state of New York currently cites a DUI when the driver has a Blood Alcohol Content (BAC) of 0.07 or less. A BAC of 0.08 or over is cited as a DWI and will typically carry with it harsher circumstances.
Many states have done away with this system as they have gravitated towards a "No Tolerance" policy while operating under the influence. In these states, the driver is either impaired or they are not.
Thus the meaning has drawn closer together or in some cases DWI applies more to drug use than alcohol. That differs from state to state.
A defense attorney is strongly advised for those that are cited for a DWI, which can result in additional points, higher fines, loss of driving privileges, and increased penalties.
Depending on the circumstances of the case, the defense attorney may be able to get the charges reduced to a DUI which will have considerably less impact.
This is a reduction that needs to be fought for through legal avenues and is not something that is just granted under normal circumstances.
The court will typically look more favorably on a driver that is a first time offender within the constraints that it is permitted.
A lesser offense may not require the use of a defense attorney to mount an effective defense. The accused can develop an understanding of the charges they are facing and work to prove that they did not fit the criteria.
The accused does not have much to lose in that regard though a defense attorney knowledgeable in DUI cases may help generate a better outcome.
A DWI is an entirely different matter and is considered a quite serious matter that could result in harsh penalties.
The average person simply will not have the knowledge they need to come to a successful resolution. Even those that are familiar are better served by an attorney who is emotionally detached from the situation.
It is best to get in touch with a DWI defense attorney as soon in the process as possible who can serve as more than just legal counsel in the courtroom; they also provide support and guidance towards navigating the gray areas surrounding the process.
The defense attorney acts in the capacity of a guide and a counselor for getting through the situation in general for the defendant and their family.
Every person accused of committing a crime has rights. A defense lawyer will help protect those rights as they push towards a favorable outcome for their client.
Representation may mean the difference between retaining limited driving privileges during the hearing process and having none at all.
There is no quality substitute for a knowledgeable defense attorney when charged with a DWI.
Always Use An Experienced Defense Attorney!