Legal Guide

DUI vs. DWI and Why you need a lawyer

DUI and DWI both may seem to refer to a similar offense but can have different meanings depending upon the state in which you are pulled over. DUI stands for “Driving under Influence” while DWI is an acronym for “Driving while Intoxicated”. While both tend to have sudden differences in state of the driver, they may mean the same legal consequences and that is being charged with a serious offense of putting the lives of other people in danger.

Both DUI and DWI are very serious criminal offenses and you may end up with heavy charges or fines considering you not only endangered your own lives but also the lives of other people. Though, this drunk based driving doesn’t only apply to alcohol but also all the other drugs including the recreational or medicinal ones that may impair your driving ability. As long as you are driving with an impaired ability, you are more likely to get into an accident and bring about harm to others and yourself.

Impaired Driving

If the arresting officer finds your driving to be impaired, they are more likely to do a breathalyzer test or two. However if the test doesn’t show you are under influence of alcohol and stills seem to be driving in impaired state to the officer, they may suspect the usage of other drugs. These drugs can involve both the prescribed ones and the illegal ones.They may call over a Drug recognition Expert (DRE) in such cases. The Drug recognition expert officer is likely to perform various tests and if the series of tests determines that you are under the influence of drugs then you are going to be arrested for a DUI or a DWI. What you are going to be arrested over may depend on your state but the main offense which you will be arrested for is drugged driving.

Do remember that some prescribed medications can also impair your driving. You may even claim that you haven’t had a sip of alcohol but your test may say otherwise. Make sure that you consult your physician properly regarding any medications that you may be taking.

Consequences of Impaired driving

Impaired driving can have serious consequences, that is, if you don’t get into an accident first and lose your life. Being arrested for impaired driving is criminally punishable and it doesn’t matter whether it is DUI or DWI, as both will have consequences. In case you are convicted for either, you may have to pay heavy fines and will probably also lose your driver’s license. In case of some second offense you may also end up with jail time and depending upon the offense you may be placed on probation and required to do some community work as well. This is actually a heavy process and in each state, consequences are not worth it. Moreover, if you end up accidentally hitting someone during your impaired driving, they may get serious life-time impairments or may even die. Therefore it is only natural that driving under the influence of drugs is a serious criminal offense.

In order to get your driver’s license back you may first be required to complete your sentence and only after the valid period of time you will be required to attend defensive driving classes before you could even get it back. In some states it is also possible that they may ask you to attend an alcohol treatment program depending upon the evaluation of substance use within your body.

Moreover, after finally getting your license back you may need SR-22 insurance which could be double or triple premiums costs that can last upto three years depending upon your state. There are also states that may require you to have an ignition interlock device installed in your vehicle. This is installed so that you can not start the car unless you blow into the device first. The device will determine whether or not you are under the influence of alcohol. The device fee paired up with the monthly monitoring fee can cost you a lot. In short, getting arrested for a drunk driving case has very expensive consequences if you don’t manage to take a life first.

Hiring a DUI or DWI lawyer

In case you have been convicted of Driving Under the influence or Driving while intoxicated, you may need a legal representative for a favorable outcome. These lawyers may not only provide you with the legal advice that you need but will also ensure that they can achieve a favorable settlement in the court case. They also ensure that your defense case is strong and that your fines or penalties are reduced to some extent.

In case you have been charged for drunk driving, it is always wise to contact a professional to handle your case. If you have any questions that are related to such a case you can contact Fort Worth DWI Lawyer today for proper guidance regarding your case.

Why should you hire a DUI Lawyer?

Being caught or convicted over a DUI is not a simple offense. Considering a lawyer is for your own legal representation and benefit. A DUI lawyer is able to access your case and proceed accordingly. They are able to study the possible outcomes of your case and can use a lot of factors for the benefit of your case that you may not be able to even think of on your own. They can not only give you the right advice for your case but can also ensure that your case is strong enough to have a legal standing where your sentence can be minimized.

In many cases, the insurance companies may try to scam you into paying for a liability. In other cases, there may be certain secondary factors involved behind your actions. A lawyer can advise you better and handle your case without you being tricked into something that you shouldn’t be. Not only that but in complicated cases where you are not entirely at fault, the lawyer may also help you to sue the liable parties that also have a role to play in this. A lawyer can also help you avoid misrepresentation in court where you may say something detrimental that may go against you instead. This case mostly arises when you are dealing with prosecutors who may push you by saying things that may end up flaring you up and you may end up saying something that can devalue your defense case.Having a lawyer by your side can save you from all that trouble.

Moreover, a DUI  attorney knows their way in court. They are experienced professionals who have handled such cases before and can give you a lot of advantage over your case. Their legal experience can help you in dealing with a lot of complex cases and situations.

DUI cases can mostly drag on with a lot of deadlines which could get incredibly complex for you to meet. They may also require recovering a lot of evidence for your defense and have high legal competence to be able to negotiate on your behalf. A DUI lawyer has the legal experience and knowledge to deal with such cases on behalf of their client and can negotiate. Even though they may not be able to get your conviction completely expunged, at the very least they should be able to lessen your charges and not let it have an impact over your employment or credit.

The consequences of not hiring a DUI lawyer

The consequences of not hiring a DUI lawyer may far exceed the ratio hiring one. Being convicted under a DUI is already a severe charge that can negatively impact your credit and may even put you through jail time. Here are a few consequence of not hiring a lawyer

  1. Your case may result in fines, loss of driving license, losing your job and even jail time
  2. You may be tricked in by insurance companies to pay for liabilities
  3. You may not be entirely responsible of the incident and there might be some other parties that can be sued
  4. You may be misrepresented by the prosecutor and even forced to say things under pressure that may be detrimental towards your case.
  5. You may not have the legal knowledge to be able to handle your own case and may end up getting more penalty than you deserve
  6. You may end up facing everything alone

While you can not completely get rid of a DUI sentence, there are many defense possibilities that can be used for your case. Having a DUI attorney by your side to fight your case for you can save you from all these unnecessary convictions. Sometimes your lawyer may even get you a sentence program that may be in your favor. For example they may get you fine or prison time reduced by recommending a Drug Rehab program that is actually what you need. In short they can review your case and seek out the best legal options that are available to you in your case.

Conclusion

While the cases of DUI and DWI are something that can happen to anyone, they are still very much avoidable too. For the sake of your own health and safety, as well as for the others, you should ensure not to drink that much in the first place. Even if you did over-drink due to any possible reason, you should still make sure that you have someone sober by your side to take you home or ask someone to call a cab for you. Never make the mistake of driving when you are impaired as it can get you in potentially dangerous situations. Do remember, playing with lives is morally far worse than being convicted for it. Do not create situations that may harm you and those around you and drive soberly and safely.


comments powered by Disqus