The consequences of driving under the influence are serious. And while every state has laws that prohibit drunk driving, states use different terms to describe the offense. "Driving under the influence" (DUI) is probably the most common. But many states also use the terms "driving while impaired" (DWI), "operating under the influence" (OUI), and "operating while intoxicated" (OWI).
All states have two types of DUI: "per se" DUIs and DUIs based on impairment. The difference between the two is how the prosecution proves you were "under the influence." To be convicted of a per se DUI, the prosecution must prove you drove with an amount of alcohol or drugs in your system that exceeded the legal limit. (In some states, the per se laws apply to blood alcohol concentration, but not drug concentration.) Impairment DUIs, on the other hand, require proof that the driver's mental or physical abilities were actually affected by the drugs or alcohol ingested.
Frequently, prosecutors charge defendants with both types of DUI — with the hope that at least one will stick. But even if a prosecutor can prove the two charges, the defendant can't be punished for both.
Do You Need an Attorney?Trying to handle your DUI case without an attorney is generally a bad idea. A DUI is a criminal offense that carries serious consequences. Even a first conviction can lead to jail time, expensive fines, and license suspension. And aggravating factors — like prior convictions, a high blood alcohol concentration (BAC), or an accident — can increase the already-severe penalties.
Also, DUI law is complicated and constantly changing. So it's easy to get tripped up in the legal nuances or misinterpret the law altogether. An attorney who focuses on and stays abreast of recent changes in DUI law will likely increase the chances of a good outcome.
Hiring an attorney certainly involves spending money. But in many cases, it's well worth the investment. And if you can't afford private counsel, you're generally entitled to a court-appointed lawyer.
Get a Free Case EvaluationThe information on Nolo.com can give you a basic understanding of your state's DUI/DWI laws. But if you want to know how the law applies to the facts of your case, it's best to talk to a local DUI/DWI lawyer. We can put you in contact with a drunk driving attorney in your area.
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