The terms DWI and DUI are often used interchangeably, but there are key differences in the definitions and implications of these two driving offenses. DWI stands for driving while intoxicated or impaired while DUI stands for driving under the influence. In the US, around 1 million people are arrested for driving under the influence of alcohol or drugs every year, but the number of drivers who have taken to the roads after consuming alcohol or drugs is likely to be much higher. The 2020 National Survey on Drug Use and Health showed that over 18 million people drove while under the influence of alcohol in 2019.
In this informative guide, we’ll provide a comprehensive review of the key differences between DWI vs DUI, explaining what each charge means and sharing tips to help you get the advice you need if you’re facing DUI or DWI charges.
Explaining DWI and DUI: Core Definitions
DWI and DUI are similar, but they have different core definitions:
What is a DWI?
A DWI (driving while impaired or intoxicated) is a driving offense. If you take control of a vehicle while intoxicated, you run the risk of being charged with a DWI. In most cases, this means driving after consuming excessive amounts of alcohol. If you’re pulled over by the police on suspicion of driving while impaired or committing other motoring offenses, they will test your blood alcohol concentration (BAC).
What is a DUI?
A DUI (driving under the influence) is a serious driving charge, which applies to individuals who drive while under the influence of alcohol or drugs. Drinking alcohol and taking drugs affects your ability to drive safely, make judgments and react quickly, increasing the risk of accidents. Figures from the NHTSA (National Highway Traffic Safety Administration) indicate that 37 lives are lost to drunk driving every day in the US.
Understanding the Key Differences Between DWI and DUI
There are similarities between a DWI and a DUI, but there are also important differences. Key differences include:
- DWI refers to driving while impaired by the effects of drinking alcohol
- DUI refers to driving while under the influence of alcohol and/or drugs
- Penalties: The penalties for DWI and DUI offenses may differ, depending on where you are. In Maryland, a DWI can be served for blood alcohol concentration (BAC) readings of between 0.07% and 0.08%. A DUI will be issued if the blood alcohol concentration is over 0.08%. As a DUI tends to be a more serious offense, the penalties are more forceful.
Legal Consequences of DWI vs DUI
The penalties for DWI vs DUI offenses in Maryland vary according to many factors, which include:
- The individual’s blood alcohol concentration reading
- The individual’s criminal history
- The age of the driver
- Evidence of impairment at the time of arrest
- The presence of a passenger: If a minor was present in the vehicle at the time of arrest, the penalties will be much stricter
- The impact of impairment: If drunk driving led to a crash, which caused injuries or property damage, for example, the penalty may be more robust
Examples of penalties for DWI vs DUI offenses include:
- Fines: Fines for DUI offenses for first-time offenders in Maryland are usually up to $1,000. They can be increased to $3,000 for repeat offenders. For DWI charges, fines are usually up to $500 for a first-time offense.
- Jail time: The maximum jail sentence for a first-time offender facing DUI charges is 1 year. First-time offenders facing DWI charges may spend up to 60 days behind bars. Jail sentences are tougher in more serious cases. For repeat offenders, jail time may increase to 3 years.
- Points: If you get arrested for driving under the influence or driving while intoxicated in Maryland, you may be awarded penalty points on your license. In some cases, this can lead to a driving ban.
Blood Alcohol Content Levels: DWI vs. DUI
In most states, including Maryland, the legal blood alcohol concentration is 0.08%. If the reading is between 0.07% and 0.08%, an individual may be charged with a DWI. If the level is above 0.08%, the charge will be a DUI.
State Variations in DWI vs DUI Laws – Maryland
In Maryland, a DWI can be served for blood alcohol concentration (BAC) readings of between 0.07% and 0.08%. A DUI will be issued if the blood alcohol concentration is over 0.08%.
Impact on Driving Record: DUI vs DWI
If you are charged with a DUI, you may receive 12 points on your license, which can lead to a driving ban. For a DWI, the penalty is usually 8 points on your driver’s license.
How DWI and DUI Affect Car Insurance Rates
DWI and DUI charges often impact car insurance rates. If you’ve been charged with driving offenses, your premium is likely to increase. Data from Forbes Advisor suggests that prices increase by an average of 70% after a DUI.
Steps to Take if Charged with DWI or DUI
The first thing to do if you’re facing DWI or DUI charges is to contact a reputable, experienced law firm that specializes in DUI and DWI charges. Your DUI attorney will review your case details, offer tailored advice and explain what will happen next.
Seeking Legal Assistance for DWI or DUI Charges
It’s hugely beneficial to seek expert legal advice for DWI or DUI charges. Hiring a top DUI lawyer will help you understand the legal implications of the charges and navigate the processes that will unfold after your arrest. Working with the best DUI attorneys can help you build a strong case to maximize your chances of reducing charges or getting your case dismissed.
Conclusion
DWI and DUI are terms that are commonly used interchangeably. There are similarities, but there are critical differences, which impact the type of charge and the penalty if you are found guilty. DWI means driving while impaired and infers driving under the influence of alcohol. DUI means driving under the influence and infers driving after consuming alcohol and/or drugs. Possible penalties for DWI and DUI offenses include fines, driving suspensions and jail time.
If you need information or advice about DWI and DUI charges, don’t hesitate to contact the experienced team at Kunka Law today.