The difference between a DUI (driving under the influence) and a DWAI (driving while ability impaired) is the degree of intoxication. A DUI means unable to drive safely and, if 21 or older, is triggered by a BAC of .08%. If you are under 21, however, a DUI is triggered by a BAC of .02%. On the other hand, a DWAI means less able than normal to drive safely and, if 21 or older, is triggered by a BAC of .05%. The following chart provides an estimated BAC based on a hypothetical person’s weight and number of alcoholic beverages consumed:
|Weight||Number of Drinks(1 drink = 12 fl oz beer; 5 fl oz glass of wine; 1.5 fl oz shot of liquor)|
RED= Legally Drunk Driver
GREEN= Impaired Driver
Depending on the circumstances of your case, a DUI or DWAI may have severe consequences, including hefty fines, mandatory jail time, driver’s license suspension, increased insurance rates, substantial community service hours, and maintaining or obtaining employment or professional licensure. The penalties for a DUI or DWAI increase when the offender has prior alcohol and/or drug-related driving offenses. Certain aggravating circumstances that, if present at the time of the offense, will increase the penalty assessed following a conviction. These circumstances include including driving without a valid license, not carrying insurance, an accident resulting in serious bodily harm or death, exceedingly high BAC, or children in the car at the time of the offense.
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Our team of trial lawyers will ensure that your case is resolved on the facts and law rather than questionable police tactics or overzealous district attorneys. After a careful analysis of your case, our attorneys will strategize to determine your best defense. This includes, but is not limited to, challenging the constitutionality of the initial stop, i.e., the reason you were pulled over was illegal; the field sobriety test, which you have a right to refuse; or the blood or breath tests, which must be conducted by the police officer using strict procedures.