Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

DUI or DWI: ANY DIFFERENCE?

The Simple Answer is “NO.”

Driving Under the Influence (DUI), commonly referred to as drunk driving, is the act of using a motorized transportation device, such as a car, motorcycle, boat, or plane, while under the effects of alcohol or any other drug that impairs mental ability or motor skills.

Driving under the influence (DUI) is the term used by most states, including California, Florida, and Pennsylvania, for being legally intoxicated or impaired while operating a motor vehicle. DUI is referred to as DWI (Driving While Intoxicated) in eight states, including NEW YORK and Texas . Since Weschester County is in the State of New York, the crime is referred to as a DWI not DUI.

For the most part, the acronyms DUI, DWI, DUII, DPS, DWAI, BMV, OUI, OWI, OUIL, OVI, and OMVI are equivalent and represent being charged with drunk driving. A DUID (Driving Under the Influence of Drugs) is a different and more complicated matter.

0.08 PERCENT or HIGHER

Federal law prohibits driving with a blood alcohol concentration (BAC) of 0.08 percent or higher. Driving with a BAC of 0.08 percent or higher is considered driving under the influence, and is punishable as DUI or DWI. Driving under the influence of drugs other than alcohol is referred to as DWAI (DRUGS) in New York, and carries similar penalties as a DUI. However, because there is often difficulty in determining if a driver is impaired by the drugs found in his or her blood, current laws state that ANY amount of an illegal substance found in a drivers system makes them subject to DUI charges.

The threshold for legal intoxication is typically when a breath, blood or urine test registers a blood alcohol content of 0.08%. Minors under the legal drinking age may be declared under the influence at a lower BAC percentage. Similarly, law enforcement may arrest a motorist for being impaired even when their BAC is lower than 0.08%.

The fines and punishments for a DUI/DWI usually vary depending on the circumstances of the crime, and whether or not there is a history of prior offenses. So it is very important to be represented by legal counsel specializing in this area of law and it is highly recommended that you speak to an attorney as soon as possible after receiving a DUI/DWI charge.

For any legal questions you may have or if you have a legal issue contact me immediately at (914) 709-7161 for a FREE consultation.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161