What Is A DUI?
DUI is the acronym used to refer to driving under the influence. By influence, the law here means anything that can affect or impair your ability to drive a vehicle safely. It is an offence in the state of Virginia to operate a motor vehicle when you are deemed less capable of doing so by having consumed alcohol, or other substances that can affect your reflexes, concentration or coordination.
While DUI most commonly refers to the consumption of alcohol, it can include other drugs too. Whether they are illicit drugs such as marijuana or legal, prescription drugs like sedatives, anything that can affect your ability to drive safely, can land you with a DUI charge.
What Is A DWI?
In Virginia, along with many other states, the term DUI is often used interchangeably with the term DWI. DWI means driving while intoxicated. But if you look a little closer at the law, you will see that DWI actually has a very specific definition.
It applies to alcohol consumption only, and, more specifically, an amount of alcohol exceeding the blood alcohol limit as defined by the law. If you record a blood alcohol level of 0.08% or higher while driving, you could be charged with a DWI.
So, What Is The Difference?
In many ways, DUI and DWI are the same. The most important difference lies in the specifics around blood alcohol readings. As noted above, a reading of over 0.08% will likely result in a DWI. This is because the court will presume you were intoxicated while driving the car.
However, a reading of slightly lower than that, between 0.05% and 0.07%, will more likely see you earn a DUI charge than a DWI. In some cases, a reading this low will not result in a charge at all. And a reading well above 0.08%, such as 0.20%, will absolutely result in a DWI charge.
Are The Penalties Different?
Strictly speaking, the penalties are not different for a DUI versus a DWI. In Virginia, they do not consider DUI and DWI as different offences. However, this is where it can become confusing, trying to understand whether a DUI or a DWI is considered worse.
Penalties for these kinds of offences do tend to vary in severity, depending on a person’s blood alcohol reading. This is usually more often the case for a second, or third offence, and less so for a first offence.For a first offence, with a blood alcohol reading of 0.08% or lower, you are likely to
receive a $250 fine. As the blood alcohol reading goes up, so too, does the fine. And so too, does your chance of serving prison time.
For repeat offences, the most serious being three DUI or DWIs within a five year period, jail time is mandatory, and the minimum will be six months in addition to a $2,500 fine. It is important that you have an understanding of this should you ever find yourself in the situation of facing one of these charges.
I’ve Been Charged With A DUI Or DWI; What Should I Do?
Should you find yourself facing one of these charges, the first thing you need to do is contact a lawyer. Regardless of how much of the law you have read, you should always seek the assistance of a trained professional. Finding the right DUI and DWI lawyer can provide you with helpful advice, as well as represent you in court if needed.