Posts Tagged ‘Driving Under the Influence’
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Posted on Jun 20, 2012
Both DUI and DWI are terms associated with operating a vehicle while intoxicated. There isn’t much difference between them except the letters. While DUI stands for ‘driving under the influence’, DWI stands for ‘driving while intoxicated or impaired’. DWI laws are different in different states of the US; while some states use DWI, others use DUI.
Difference between DWI and DUI
In most states of the US, DUI or DWI are terms that are used interchangeably. But in Texas both refer to two different offenses. In both, a person is driving a motor vehicle in a public place under the influence of alcohol but the targets can be different in each type of offense.
The differences between DWI and DUI are as follows:
- In states where both terms are used for separate offences, DWI stands for ‘driving while intoxicated of alcohol’ while DUI is ‘driving under the influence of alcohol or drugs’.
- If you are convicted of a DWI, the officials should be able to prove that you operated a vehicle while drunk, or were in physical control of a vehicle when under the influence of alcohol or drugs. Moreover, they need to prove that your BAC was above the legal limit of 0.08 or more due to alcohol abuse.
- The penalties and the punishment are slightly different for both DUI and DWI if you are arrested and proven guilty.
- You can be charged for DUI if your BAC is below or between .08 and .10. DWI arrests happen if your BAC is above the normal or legal limit of .08 to .10.
- As the states of the United States have established different drunk driving laws, the punishment are different for DWI and DUI. If you are arrested for either one of these, you should be aware of the laws associated with them in your state.
- In Texas, DWI is considered to be a Class B misdemeanor and results in punishment of six months in the county jail and a fine of up to $2,000. However, a DUI is considered to be a Class C misdemeanor with a maximum punishment of a $500 fine and up to 40 hours of community service. However, in the state of Missouri, there is no DUI law but only DWI cases. In some states, DUI is associated with drug abuse and DWI is specific to only alcohol abuse.
Whatever the name, DWI or DUI are both criminal offenses that can lead to severe punishments and penalties. Are there different penalties for DUI and DWI in your state? Do let us know.
DUI, DWINo Comments »Driving Under the Influence driving while intoxicated
Posted on Nov 08, 2010
If you are old enough you may remember driver’s education films in high school like “Red Asphalt” and others that featured horrible footage of traffic accidents with mangled bodies and bashed in Buicks. All with Orson Well like commentary and sinister music designed to scare you into driving carefully and obeying traffic laws. The 21st century version, mock DUI crash scenes are making their way across high school campuses these days.
DUI Is A Focus OF Driver’s Education In High Schools
Many secondary schools around the United States are making driving while intoxicated awareness a part of their driver education curriculum. This has been true for sometime now along with visits from local law enforcement, campaigns by activist groups and teenage victims of DUI accidents; it is part of an attempt by teachers and administers to educate kids about the deadly problem of drunk driving.
Mock DUI Crashes Bring The Problems To Life
The latest attempt at bringing attention to the problems is; high school campuses are setting up fake drunk driving accident scenes to help make the problem come to life for youngsters. At high school across the country these aftermath scenes are coming to life like at :
- Gaither High School in Florida which stage one just before prom night.
- Minuteman Career and Technical High School in Lexington, Kentucky students staged one in the student’s parking lot.
- Belleview High School in Florida not only staged in accident but also included a funeral at a football game for the “victims”.
- Santa Margarita Catholic High School in California stage one complete with a flipped over vehicle and law enforcement investigation.
- George County High School in Mississippi hundreds of kid witnessed a mock scene complete with emergency workers.
- Houston High School in Wisconsin included one handcuffed student.
What Work For Teaching Teens
The government agency tasked with keeping America’s highways safe issued a report that most teens believe they can know when they or a friend is too drunk to get behind the wheel, and that they did not think that having a few drinks and then driving was a big deal. The agency listed effective methods that teens respond to but they did not mention the type of mock ups that have been going around the country today. Does this mean that these mock DUI crashes are not effective? Are the just this generation “Rocky Horror Picture Show” where the kids dress up and have a hoot and then hop out into their cars and drink and drive?
I will leave you to answer. Drop a line in the comments section and let me know what do you think?
DUI, Drunk Driving2 Comments »driver education curriculum Driving Under the Influence DUI dui crashes secondary schools United States
Posted on Jan 20, 2010
DWI Laws, Drunk DrivingNo Comments »BAC Driving Under the Influence driving while intoxicated Drunk Driving Laws DWI DWI Arrest
The first thing you need to do after DWI in Arizona is install an interlock device in your vehicle. All the costs associated with installation will be borne by you because you are at fault for the DWI. The state of Arizona is working overtime to come up with stricter rules and regulations so that cases of DWI will continue to decrease. There are a number of things that you need to be aware of and schedule after DWI in Arizona. The following is a list of things you need to know and do:
Civil and Criminal Proceedings - When arrested for DWI in Arizona, you face civil and criminal proceedings. Since these two proceedings have no connection to each other, you can win your civil case but lose the criminal one, lose both or win both. The criminal proceedings deal with evaluation, probation, fines and jail time.
Role of the Officer - If you are suspected of a DWI in the state of Arizona, the officer can request urine, blood and breathalyzer tests. You are given the legal right to refuse these tests but, if you do so, there is a strong possibility that your driving license is going to be automatically suspended for a period of one year. If you give them a hard time, the officer can easily get a search warrant for the tests anyway.
If the tests come to the conclusion that your Blood Alcohol Concentration level was .08% or more, your license will be seized on the spot. If you are not a resident of Arizona, the officer cannot seize your driving license.
Requesting a Hearing - To request a hearing in the state of Arizona, you need to write directly to the Motor Vehicles Department. For the hearing, you need to submit the pink copy of your driving license suspension form. Make sure that you fill out all the details correctly and send it directly to the Arizona Department of Transportation.
If you are found guilty in the criminal case, you will be punished on the basis of Arizona DWI sentencing guidelines. After getting the verdict notification, the state will suspend your driving license for at least three months. However, if it is your first DWI offense and you have given full cooperation to the officer in conducting various tests, your driving license may not be suspended.
Arraignment - the arraignment is basically a ticket date, about one to two months after your arrest. You do not need to appear in the court if you are not on bond and have an attorney. Talk to an attorney in order to understand arraignment.
Pre-trial Conference - It is the responsibility of your attorney to discuss your case with the district attorney and come up with the best possible negotiating deal. The pre-trial conference will take place one month after arraignment. Normally, you need to participate in three or four pre trial hearings.
Suppression Hearing - If your legal rights have been violated, the court can suppress some of the evidence against you. For that to happen, your attorney needs to file the proper motions. The suppression hearing will take place three months after the initial pre-trial conference.