DUI / DWI: Types and Penalties

Every year, more than one million Americans are arrested for DUI-related offenses. While they are all accused of violating the state's DUI laws, the specific charges brought against each person might vary. The differences are important because some DUI charges carry significantly greater penalties than others. For example, a first misdemeanor DUI offense is typically punished by a temporary driver's license suspension and a fine. In contrast, a repeated felony DWI charge might result in revocation of a driver's license, time in jail or prison, and vehicle impoundment. All DUI / DWI situations can create great stress and uncertainty, which is why it is best to consult experienced DWI lawyers soon after the arrest.

DUI / DWI Types

The acronyms used to describe various drunk driving offenses are somewhat misleading. While DUI stands for "Driving Under Influence" and DWI is short for "Driving While Intoxicated," these terms describe the same offense. Most states do not discern between DUI and DWI, and typically use only one of these terms to describe all drunk driving-related offenses occurring within its jurisdiction.

However, all states divide DUI / DWI offenses into three large groups ranging from lesser DUI violations to felony crimes. A person who operates a vehicle while intoxicated can be charged with misdemeanor DUI, felony DWI or vehicular manslaughter. When selecting the charges and DWI / DUI punishment, prosecution takes into account mitigating and aggravating factors involved in each DUI situation. Mitigating factors, such as lower blood alcohol content level, decrease the culpability of the offender, while aggravating factors, such as presence of a child in the car, make the offense worse.

Misdemeanor DUI / DWI

Most DUI offenses are misdemeanors. A driver with moderately elevated blood alcohol content level and no prior DUI convictions is typically charged with this offense. While the consequences depend on each jurisdiction, the penalties typically include a fine, temporary driver's licenses suspension, and mandatory alcohol counseling.

Felony DUI / DWI

Intoxicated drivers who have caused serious car accidents are usually charged with an aggravated DUI offense, felony DWI. This charge is also applied in situations whereby the driver's blood alcohol content level is extremely high, he or she has previous DUI convictions, and/or declines to submit to blood or urine tests. The legal consequences of a felony DUI conviction usually include driver's license suspension or revocation, large fines, and time in jail or prison. Some states also require that felony DUI offenders equip their vehicles with an ignition interlock device that prevents them from operating the vehicle if the device detects any amount of alcohol in the breath.

DUI and Vehicular Accidents

In addition to facing criminal charges, intoxicated drivers who cause accidents might have to respond to civil lawsuits brought by injured victims. Sadly, auto accidents often result in serious injuries, such as broken bones, burns and spinal cord injury. Head injuries are also common and include bruises, cuts and violent blows to the skull. An especially dangerous type of head injury is referred to as closed head injury. In this case, the harm might not be apparent for several weeks, leading to delayed diagnosis and extensive complications.

Proper treatment, recovery and rehabilitation can consume large amounts of time and money, which is why many car accident victims seek the help of a skilled personal injury attorney in order to obtain rightful compensation. By filing a lawsuit or conducting negotiations, the attorney can secure restitution for both physical and psychological damages caused by the accident.

Vehicular Manslaughter

Vehicular manslaughter is the gravest DUI-related offense. This charge is applied in situations whereby an intoxicated diver has caused a car crash and someone has died as a result. The legal consequences of a vehicular manslaughter conviction are serious and can include driver's license revocation, time in prison, and long-term probation. In addition, the intoxicated driver might be sued by the family of the deceased victim civilly. Referred to as wrongful death lawsuits, these legal proceedings seek to obtain compensation for medical and funeral expenses, lost wages, lost companionship and psychological suffering. Because of the complexities and emotional stress involved in a wrongful death suit, most families retain an experienced wrongful death attorney to handle the legal intricacies.