by Faith Behrends

Created on: January 20, 2009   Last Updated: January 31, 2009

Driving under the Influence (DUI) and Driving while Intoxicated (DWI) are terms often used interchangeably and vary by states and Jurisdictions. While the terms fluctuate, the definitions of a DUI and DWI charge have only slight variances. The penalties for being convicted of either of these charges can have long term consequences including but not limited to loss of driving privileges, a criminal record, and hefty financial repercussions. DWI/DUI's are the most frequently committed crime in the United States today, accounting for an approximate 1.5 million impaired driving arrests every day.

Driving under the influence (DUI) is defined as operating a vehicle while under the influence of alcohol, prescription drugs or otherwise defined illegal substances or a combination of these things. The consequences resulting from a DUI charge mirror those of DWI penalties.

A DWI charge follows when a Law Enforcement Officer has obtained a blood alcohol content reading from a suspected impaired driver that either meets or supersedes the states .08 legal limit. A person does not need to be drunk in order to be charged with a DWI/DUI. They must just meet the state's legal definition of impaired driving.

Law Enforcement needs only have to have reasonable suspicion to make a traffic stop if they spot a suspected impaired driver. However that rule is lifted during periods of time when checkpoints have been established. During these times, law enforcement does not need a reason to pull a vehicle over however they must have made a good faith effort to notify the public that sobriety checkpoints were going to be in place and where the designated checkpoint areas were going to be conducted.

A typical DWI/DUI stop will result in the driver under-going any variety of established field sobriety tests. Blood alcohol content may be tested during the traffic stop if the officer has a handheld breathalyzer. Additional tests may be administered once the alleged suspect has been taken into physical custody. In some cases, the suspect may be required to give blood or urine samples. All are considered equally valuable evidence in a DWI/DUI case against a defendant.

Currently all 50 States employ a common rule per se law, which allows for the immediate administrative revocation of the alleged suspect's driving privileges. This sanction is separate from any criminal charges that are brought against a defendant in court. The loss of driving privileges can be detrimental to a defendant who has not

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