People tend to get confused and think that DUI and DWI are the same things. When in fact, these two widely differ in offenses made and possible legal sanctions.
What is DUI?
DUI, or Driving under the influence, is a serious offense. When you are charged with DUI, it means you have a blood alcohol concentration (BAC) level of 0.08% or higher by the time you are pulled over by a police officer.
What is DWI?
DWI, or driving with impairment, is a less serious offense. When charged with DWI, it means you have a blood alcohol concentration (BAC) level of 0.07% or higher by the time you got arrested. Officer judgment plays a key role in determining this charge.
DUI VS. DWI : First Offense
| DUI | DWI |
| License revocation of not more than 6 months | License revocation of not more than 6 months |
| Fine of not more than $1,000 | Fine of not more than $500 |
| Imprisonment of not more than 1 year | Imprisonment of not more than 2 months |
| 12 points against your license | 8 points against your license |
DUI VS. DWI : Second Offense
| DUI | DWI |
| License revocation of not more than 1 year | License revocation of not more than 1 year |
| Fine of not more than $2,000 | Fine of not more than $500 |
| Imprisonment of not more than 2 years | Imprisonment of not more than 1 year |
| 12 points against your license | 8 points against your license |
| Mandatory submission to an Ignition Interlock Program | Mandatory submission to an Ignition Interlock Program |
DUI VS. DWI : Third Offense
| DUI | DWI |
| License revocation of 18 months or more | License revocation of 18 months or more |
| Fine of not more than $3,000 | Fine of not more than $3,000 |
| Imprisonment of not more than 3 years | Imprisonment of not more than 3 years |
| 12 points against your license | 8 points against your license |
| Mandatory submission to an Ignition Interlock Program | Mandatory submission to an Ignition Interlock Program |
Other Possible Penalties:
If you have a passenger that is a minor, the penalties are higher. Now, you may not be forced to submit to a blood alcohol concentration (BAC) test by a police officer but you could be facing an administrative penalty for this. You have the option to request for a hearing so you can show evidence or proof as to why your license should not be suspended. This request must take place within 10 days of receiving an order of suspension and you will need to pay a fee of $150. If the hearing does not work well on your favor, you could be facing suspension of your license for refusing a BAC test.
Refusing a BAC Test
First Offense:
- License suspension of not more than 270 days; or
- Mandatory submission to an Ignition Interlock Device Program
Second Offense:
- License suspension of not more than 2 years
Failing a BAC Test:
First Offense:
- License suspension of not more than 180 days
Second Offense:
- License suspension of not more than 180 days
Programs for DUI VS. DWI
Basically, when charged with DUI or DWI and have your license revoked, depending on the degree of your offense, you will need to submit to the same kind of program. These programs are the Ignition Interlock Device Program or the Alcohol Education Program; or both.
An Ignition Interlock Device is a tool that helps a driver drive sober. A device is installed in a person’s car and connect it to a breath analyzer that measures the driver’s blood alcohol concentration (BAC) level. It is calibrated to a BAC level of .025% and will not start once the device measured a BAC level exceeding that. This forcefully puts drunk drivers off the road.
An Alcohol Education Program is an instructional program that rehabilitates a convicted DUI/DWI offender, referred by a District Court judge. It is designed to keep you on course and drive clear on any future offenses and accidents involving DUI/DWI. This is a therapeutic rehabilitation that will assess you of any serious problem involving dependency or any kind of substance abuse.