DUI vs. DWI: What's the Difference?

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DUI vs. DWI: What's the Difference?

Jun 20, 2023

One of the biggest questions DUI lawyers are asked is, “What's the difference between a DUI and DWI?” Driving under the influence (DUI) and driving while intoxicated (DWI) are two terms commonly associated with impaired driving offenses. While they may seem similar, there are distinct differences between the two. Understanding these differences is crucial for anyone who wants to stay informed about the legal consequences and potential dangers of impaired driving.

The Definition

DUI and DWI are both legal terms used to describe the act of operating a motor vehicle while under the influence of alcohol or drugs. However, the specific definitions can vary depending on the jurisdiction. In some places, DUI refers to driving under the influence of any substance that impairs one's ability to drive safely, including alcohol, drugs, or a combination of both. On the other hand, DWI generally refers to driving with a blood alcohol concentration (BAC) above the legal limit set by the jurisdiction.

What Are the Oklahoma DUI vs. DWI Laws?

The legal consequences for DUI and DWI can also differ. In some jurisdictions, DUI offenses are typically considered less severe than DWI offenses. Penalties for DUI may include fines, license suspension, probation, and mandatory alcohol education programs. DWI offenses, on the other hand, often result in more severe consequences such as higher fines, longer license suspensions, mandatory jail time, and the installation of ignition interlock devices. When you're pulled over, the police officer will check your blood alcohol content (BAC) level if they suspect that you've been drinking and driving. You can face fines, jail time, or a suspended license.

How do you know which you would get charged with? According to the Oklahoma Highway Safety Office, it's considered a DUI if you are caught driving or operating a motor vehicle with a BAC level of .08 or above. In Oklahoma, it's considered a DWI if your BAC level is below .08. No matter your situation, search for reliable DUI lawyers who can help with your case. DUI lawyers are experts with these specific laws and will help if you are charged.

DUI Offenses

Even with hiring one of the best DUI lawyers in your area, there are penalties for getting charged with a DUI.

First Offense: 10 days to one year in jail, a fine of up to $1,000, and your license suspended for six months
Second Offense (within 10 years): One to five years in jail, a fine of up to $2,500, your license suspended for one year (if the previous suspension was within five years)
Third or More Offenses: One to two years in jail, a fine up to $5,000, your license suspended for three years (if there were two or more previous suspensions within five years), and an ignition interlock device is required for up to three years after your license was suspended

Understanding the difference between DUI and DWI is essential for individuals to comprehend the legal implications and potential dangers of impaired driving. Regardless of the terminology used in your jurisdiction, it is crucial to recognize that driving under the influence of alcohol or drugs poses a significant risk to yourself and others on the road. Are you looking for experienced DUI lawyers? Give Hendrick, Casey & Hutter Attorneys At Law a call today.

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Meet the Team

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The attorneys at HCH have proven to be a strong team of experienced lawyers. They are known for their tenacity and having their client’s backs. They are passionate about helping people in trouble, and will work hard to get you out of your legal predicament. Seth Hendrick has been practicing law for over 18 years in Oklahoma. He has seen it all and knows how to work with many different types of legal situations. Because of his vast knowledge of the law, less than 1% of his criminal cases resulted in incarceration. Seth works hard for his clients and takes their cases personally. Andrew Cases is the office’s expert on complex court cases. He faces stiff resistance head on and doesn’t back down until all solutions have been explored. He prevails in jury trials and has experience in different types of courts, including federal, state, and tribal courts. Andrew works until there is nothing left to do for the client. Andrew Hunter has years of experience in criminal defense. He is active in many organizations where he is always growing his knowledge and understanding of the law. Because of this, he is able to provide honest step by step navigation through the legal process. To help run the show, HCH has an amazing legal assistant: Sophia Sparkman. Sophia is bilingual in Spanish, and is passionate about helping the Latino community. She is knowledgeable in all legal matters and works to make sure clients are regularly updated on the status of their cases. This dream team works together to give you honest feedback of your legal situation. As your lawyers, they have your back and will use every means available to them within the legal system to work toward a positive outcome. When you call our office, you receive personal treatment. We know what is happening to you is serious, and we take it seriously!