DWI vs. DUI in Missouri: Is There a Difference?
Although DUI and DWI are frequently used interchangeably, are there any distinctions between the two? What are they if so? To learn more about DWI/DUI crimes in Missouri, continue reading.
Which Is Worse: DUI or DWI?
DWI and DUI are legally equivalent in Missouri, except that one stands for Driving While Intoxicated and the other for Driving Under the Influence. Both describe driving while intoxicated, but DWI is the preferred legal term.
What Is DWI? DWI Defined
When a motor vehicle driver is discovered to have a blood alcohol concentration (BAC) of.08 or more, they are charged with driving while intoxicated, or DWI. Drivers under the age of 21 are subject to stricter regulations and are not permitted to have blood alcohol concentrations above.02. Other variations of impaired driving also exist.
What Is DUI? DUI Defined
DUI is an acronym for driving while intoxicated. When a person drives while having alcohol in their system, they have committed a DUI. Even though the legal blood alcohol content (BAC) limit in the United Jurisdictions is 0.08%, depending on the driver’s age, some states prosecute DUI charges at BAC levels as low as 0.01%. An officer doesn’t have to use a breathalyzer to arrest someone for DUI. A DUI allegation may be brought against a driver for erratic behavior behind the wheel, intoxicated driving, or both.
What’s the Punishment for a Missouri DWI?
In accordance with Missouri Revised Statutes Section 577.010, a first-time DWI offender is charged with a Class B misdemeanor. If found guilty, the offender might spend up to six months in jail and pay a fine of up to $500. a first-time criminal conviction Additionally, DWI results in the suspension of a person’s ability to drive for at least 30 days and possibly longer periods, during which there are limitations on how often and where they can travel.
What’s a DUID?
There is a distinct category of impaired driving in Missouri called DUID, although there is no legal distinction between a DUI and a DWI. DUID, or “driving under the influence of drugs,” is a charge that can be levied if the police think any drugs impair the driver.
When you are charged with DUID, you are held accountable for operating a motor vehicle while intoxicated. The amount of drugs or intoxicating chemicals that constitute driving while under the influence of drugs is not specifically defined by Missouri law. DUID can be charged for excessive drug use that significantly impairs a person’s ability to drive. Illegal drugs, OTC drugs, and prescription pharmaceuticals can all be considered intoxicating.
What’s the Punishment for a Missouri DUID?
Whether they are found intoxicated on amphetamine, marijuana, cough and cold drugs, or another substance, DUID offenders are subject to the same penalties. DUID has the same consequences as a DWI.
The same penalties apply for driving while drunk and DUID in Missouri. However, these situations might be challenging to prosecute since officers sometimes have trouble spotting the symptoms of such impairment. Nevertheless, depending on the type of substance they were using at the time, anyone charged may also be prosecuted for drug possession.
A Typical Investigation into Drunk Driving
According to the National Highway Traffic Safety Administration, 30 persons per day pass away in incidents involving drunk drivers. This shocking number is one of the many reasons why law enforcement organizations work tirelessly to remove drunk drivers from the road. Even if different jurisdictions may have their own methods for investigating drunk driving, there are certain common aspects.
The First Stop
There are specific procedures that an officer must follow before filing charges when they have reason to believe that a driver is operating a vehicle while under the influence of alcohol or drugs.
First, there needs to be a valid justification for the traffic stop. Before making a traffic stop, the officer must see the driver disobeying the law.
Here are a few typical instances of common traffic infractions:
- Speeding
- Failure to keep the traffic lane clear
- Disregarding traffic control measures
In addition, the officer might notice another issue with the car, like a damaged taillight or a license plate that is obstructed.
The investigation into impairment starts when an officer pulls over a vehicle. The policeman takes note of any alcohol odor coming from the driver or the car. The eyes of a driver may also reveal indicators of intoxication to the police. These observations strengthen the DWI case.
The Breathalyzer Test
An officer may employ numerous strategies to support a reasonable suspicion that a driver is intoxicated when they believe it to be true. A breathalyzer is the most typical test to determine how much alcohol is in a suspect’s system. Drivers who refuse to submit to a breath test often lose their driving privileges for a set amount of time. The agreement to submit to a breathalyzer or blood test upon a police officer’s request is one prerequisite for obtaining a license. If refused, the motorist must give up their driver’s license.
Field Sobriety Tests
Police require drivers to complete a series of easy physical tasks known as field sobriety tests while on the scene. Among the tests are balance, the capacity for following instructions, and other fine motor skills. The most often used tests are the heel-to-toe walk, single-leg balance, and nystagmus gazing.
DWI vs. DUI: Get Assistance for Your Case
DWI and DUI are legal terms that describe impairment, with DWI being favored.
DUID designates a different type of impairment. A DUID accusation implies that you were driving while intoxicated, which may have included legal and illicit drugs. These intoxicating substances have no established dosage restrictions. DUID has the same sanctions as DWI. A Class B Misdemeanor conviction for a first-offense DWI carries potential penalties of jail time, a fine, and license suspension. Additional criminal and civil fines apply for a third offense.
Contact the Law Office of Benjamin Arnold immediately if you need a Missouri DWI defense attorney who will actively represent your rights after a run-in with the law.
