DWI Laws Made Clear

For those facing drunk driving related charges, they often just want DWI laws made clear.  Unfortunately, the laws are so complex and vary by jurisdiction that there are no one sized fits all answers.  In some places the terms DUI and DWI are the same and can be used interchangeably.  In other places there are big differences.

DUI stands for driving under the influence.  In localities where it is differentiated from DWI it usually constitutes a lesser offense.  DUI is charged when driving under any influence, whereas DWI applies when you exceed that jurisdiction's stipulated legal blood alcohol limit.  If you have been charged with drunk driving, then it is incumbent upon you to know what the applicable definitions are in your locale.

One law that is often misunderstood relates to your rights when first pulled over and subsequently arrested.  You are not obligated to answer the police officer's initial questions.  An experienced DWI attorney would most often advise against attempting to talk your way out of the situation.  When you answer questions, as the television shows always state, the things you say will eventually be used against you in a court of law.

Subsequent to initial questioning the officer might request you submit to a field sobriety test if they suspect you are intoxicated.  As always, there is no one right answer to the question of whether you should submit to these tests.  However, odds are that a seasoned DWI attorney will advise in declining these tests.  Many attorneys feel that the results are already determined before the test begins, and the results will only hurt your eventual drunk driving defense if you subsequently elect to go to trial.

A more difficult quandary arises when asked to submit to a chemical test.  These come in the form of either a blood or a breath test and usually the accused has the option of declining or selecting one of the two choices.  This is a very hard decision with pitfalls for any potential choice.  Refusal almost always entails loss of your drivers license for a period of time.  If you submit to a chemical test, then this could seal your fate in court.