Basic Information About DUI and DWI that You Should Know

Author: ralphkleid | Posted: 09.04.2012

Both DUI or driving under the influence and DWI or driving while intoxicated or impaired are legal charges that pertain to unallowable circumstances behind driving. Laws on these vary in each state. Some states do not distinguish between the two, while some consider DUI a lesser offense than DWI.

In states where the two are separate, the offender is subjected to a series of tests to determine which charge will be given. One of these tests involves taking the individual’s blood alcohol content at the time of the arrest. New York laws, for example, provide that for a person to be charged with DWI, he must have a blood alcohol level of .08% (0.08 g of alcohol per 100 ml of blood). If the person’s blood alcohol level is only at .07, the charges may be reduced to DUI.

At court, a defense attorney can plea for a client’s DWI case to be reduced to DUI (if their laws distinguish between the two). However, some conditions must be met. First, the incident should be the offender’s first offense. Second, he must show regret for the incident. Lastly, his blood alcohol level shouldn’t have gone beyond the legal limit of .08%.

License suspension usually follows when a person is convicted of DWI. Licenses may also be confiscated even before the conviction if the person fails or refuses the required chemical test. This procedure is called administrative license suspension. This procedure has been known to be more effective than post-conviction punishments. However, only 41 states and the District of Columbia allow this.

If you’ve been arrested for DUI in a city like Minneapolis, a Minneapolis DUI lawyer may suggest a plea bargain where you agree to plead guilty to a charge in exchange for a lesser sentence. Plea bargains usually take the offender’s needs and circumstances into careful consideration. Once the plea bargain is accepted, the offender may get a more lenient punishment.

A good Twin Cities criminal lawyer will give you the best advice and strategy for your DUI case. There are numerous ways that a DUI case might turn out, so it is never a good idea to go at it alone. You should always have an attorney that specializes in DUI cases to represent you.

If you want more information about DUI and getting a DWI lawyer Minneapolis has, iihs.org/laws/dui.aspx may offer you more insight on the matter. Having the right lawyer for the right kind of case matters.

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