The Difference DUI and DWI

The Difference Between DUI & DWI


Both DUI and DWI charges are equally serious and carry matching punishments. Extreme DUI and Super Extreme DUI, however, carry more severe penalties. Arizona usually files two or three charges against you:
DUI (A.R.S. §28-1381 (A)(1)) Driving Under the Influence of intoxicating liquor (or drugs).
DWI (A.R.S. §28-1381 (A)(2)) Driving with a Blood Alcohol Content (BAC) of 0.08% or greater within two hours of driving.

If your BAC was 0.15% or higher then you have an Extreme DUI which you can learn more about here.

The DUI charge, by itself, does not require a breath reading. It deals with suspicion of driving while under the influence, according to the manner of driving, physical and mental symptoms of impairment, or verbal admissions.

The DWI charge does require a breath reading, but it does not require that the accused have a BAC of .08% or greater “at the time of driving”. It prohibits anyone from having a BAC of .08% or higher within 2 hours of driving if the alcohol was consumed during, or before, driving the car.
Legal Update on DUI, DWI, Extreme DUI

On January 1, 2012, a new piece of legislation, AZ1200, will take effect that will dramatically change the rights of persons charged with DUI/DWI violations and the potential punishments that they face. Some of these changes will be good for persons facing these types of charges; however, some of these changes will also be very detrimental to the rights of these persons. The most troublesome change in the law is that a person charged with a first-time, non-extreme DUI/DWI charge under 1381(A)(1) or (2) will no longer have a right to a trial by jury. Instead, the judge will decide guilt or innocence on this charge, rather than a jury of your peers. Another change is that a person arrested for DUI and has a drug in their body which is illegal, or to which they are not prescribed, will now receive a license suspension.
Some good things will also come out of this legislation. The judge will be allowed to suspend all but nine (9) days on Extreme DUI conviction, and all but fourteen (14) days on a Super Extreme DUI conviction, of a sentence if the defendant equips his car with an Ignition Interlock Device (IID) for twelve (12) months. The new law also eliminates a refusal to consent to BAC testing while required to maintain an IID from the definition of Aggravated DUI. It also grants the authority to sheriffs, cities, and towns and to establish their own continuous alcohol monitoring programs as an alternative to incarceration for individuals convicted of DUI/DWI offenses. It also allows the Arizona Department of Corrections Director the flexibility to establish a program to release certain prisoners who have been convicted of driving under the influence offenses. The law also reduces the amount of time required for an IID for a first-time, non-extreme DUI offender to six (6) months if certain requirements are met. The law reduces the amount of time an Aggravated DUI offender’s license is revoked down to one (1) year, but increases the possible IID time to twenty-four (24) months.

 http://dmcantor.com/dui-vehicular-crimes/dui-dwi