Thursday, March 25, 2010

Differences Between DUI and DWI

If you are arrested for drunk driving, there are a few things that you need to understand about your case. People can commonly confuse DUI and DWI but there is a definite difference between the two of them. If you are involved in a case such as this, you should consider contacting your Austin Jail Release Lawyers as soon as possible so they can begin working on your case immediately.

Both DUI and DWI are acronyms for other sets of words which are driving while intoxicated and driving under the influence. DWI or driving while intoxicated is the more severe of the two types of charges that you could receive. A DWI means that you are above the legal intoxication limit. This means that when the police pull you over, they will most likely give you some type of breathalyzer test in order to measure your BAC. BAC or Blood Alcohol Concentration is the amount of blood to alcohol you have in your system at the moment that you take the test. The legal BAC in the state of Texas is .08%. If you are above this BAC then you are considered legally drunk by the state of Texas and will be arrested if you are pulled over and tested. If you are arrested for a DWI, your license is automatically suspended because you are driving while over the legal limit in Texas.

Once you are taken in to jail and booked, you will have a bail hearing to determine what the amount of your bail will be. If you haven't had any prior criminal history, then they could possibly let you off with a lower bail or on your word that you will come back to appear in court. If you have had a prior criminal background or are considered a flight risk then they will probably give you a higher sentence depending on the situation and circumstances. They will also assign you a trial date that you will be required to appear.

If it is your first DWI offense, then they will usually give you a fine as well as alcohol awareness classes that you need to take in a certain amount of time. Sometimes they will even add some type of community service hours that you are required to do. If you have already had a previous DWI, the fines and possibly even jail time can be more severe for your punishment.

A DUI is slightly different than the DWI because of the specific details of each of the cases. A DUI or driving under the influence means that you are arrested for drunk driving. Although you had been drinking, a DUI means that you were technically under the legal limit for the state of Texas which is .08%. If you were officially under the legal limit, then the police will not suspend your license because you were not legally intoxicated. Although this is different, the punishments and trial process is all still the same. If you are arrested on your first, you will have a less severe punishment than if it's your 2nd or more DUI.

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