With a DUI, the charge could mean that the driver was driving under the influence of alcohol or drugs. Prescription drugs and over-the-counter drugs can also lead to a DUI charge if the person becomes impaired as a result of taking them.
While the differences in terminology may seem like a game of semantics, the real differences between these two charges are ultimately determined by the state in which the incident occurred and blood alcohol concentration BAC limits set. In fact, some states use different terminology entirely to charge an individual who has operated a motor vehicle while intoxicated.
Currently, there are five states that use such terminology when charging drivers with related offenses:. In fact, the legal limit for intoxication can be significantly different depending on the state in which you live. For example, while most states will issue a DUI charge if the driver has a blood-alcohol content BAC level higher than 0.
Additionally, in many states, penalties can increase if your BAC is at least 0. Depending on where you live, you may even have your vehicle confiscated or an ignition interlock device installed. How much your insurance premium increases largely depends on your insurance carrier. However, in most cases, your insurance rates will double or triple in price compared to what they were before.
These are usually required when drivers are seeking to reinstate their suspended license after being charged with a DUI or DWI. It depends on the state in which you live. Pennsylvania drivers convicted of a DUI or DWI may not receive any jail time, while just two states over in Vermont, convicted drivers can spend up to two years in jail. Again, this depends on the state in which the offense occurred. However, in stricter states — such as California — the offense may stay on your record for 10 years.
The federal legal limit for blood-alcohol content BAC is 0. But you could also be charged if you pass the breathalyzer test and fail a field sobriety test. How We Make Money. Carly Severino. Written by. Carly Severino has two years of experience in writing for insurance domains such as Bankrate. The length of jail differs greatly, as well, with DWI offender serving no less than 1 year of jail for a 1 st offense while DWAI violators serving a maximum of only 6 months for a 3 rd offense.
When it comes to license status, the differences are not that great with licenses being revoked for about half the amount of time for DWAI violators. Now let us move on to cover the fines and other consequences of taking drugs and driving: Chart 3 When it comes to drugs and driving, in the language of the statute the charge is DWAI for drugs, however the fines, jail time and license status is the same as a DWI offense, as we can see on the chart above. Contact us Free Initial Consultation!
Every New York driver convicted of a DWI is required to install and use an ignition interlock device for at least one year, plus any other penalty required. Each subsequent DWI conviction can increase the potential penalties, and may lead to felony charges. Have you or a loved one received a DWAI?
Not sure where to turn next? DWAI is the less serious of the two charges. Not all states have this specific charge. In Colorado there is an inference the individual is driving while ability impaired if he has a BAC of. The legal definition of DWAI means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
Again, based on the definition, DWAI is not limited to alcohol impairment. Illegal drugs, marijuana, medical marijuana, prescription medication and even over the counter medications can cause the impairment resulting in a DWAI charge. Operating a commercial vehicle also brings about different rules for a DUI charge.
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