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DUI and DWI Overview

Site: nolo.com
... (DWI). ... DUI. ... Under this definition, you can get a DUI even if your vehicle never actually moves. ... And a number of states—like Washington—also have per se drug DUI laws. ... The Consequences of a DUI Conviction Unlike most other driving-related violations, DUIs are generally ... DUI and DWI Overview ...
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Defenses to DUI and DWI Charges

Site: nolo.com
... The penalties for a DUI (driving under the influence) (also called "DWI" (driving while intoxicated)) ... If you've been arrested for a DUI and want to fight the charge, you should talk to a DUI lawyer about ... What the Prosecution Must Prove for a DUI Conviction In a DUI case, the prosecution must prove the person ... The defenses available to a DUI defendant depend—to some extent—on state DUI laws. ... to believe the motorist was in violation of the state's DUI laws. ... Defenses to DUI and DWI Charges ...
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First-Offense DUI/DWI in Maryland

Site: dui.drivinglaws.org
... Maryland has several types of intoxicated driving offenses, DUIs (driving under the influence) and DWIs ... The possible penalties for a DUI and DWI conviction depend on how many prior convictions the offender ... DUI Convictions DUIs involving alcohol carry the same general penalties as a DUI involving controlled ... As with a first DUI, drug and alcohol treatment isn’t mandatory for a first DWI, but any time the ... related to alcohol if the driver has a prior DWI or DUI that occurred within the last five years. ... First-Offense DUI/DWI in Maryland ...
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Second-Offense DWI/DUI in Maryland

Site: dui.drivinglaws.org
... under the influence) being the more and DWI (driving while impaired) being the less serious. ... or DWI) and whether the offense involved alcohol or drugs. ... Second DUI Convictions DUIs involving alcohol and DUIs involving controlled substances carry the same ... Second DWI Convictions DWI offenses involving alcohol or drugs carry the same penalties in Maryland. ... Drivers who had a prior DUI or DWI offense within the last five years, an alcohol-related DUI, or a passenger ... Second-Offense DWI/DUI in Maryland ...
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DUI or DWI Punishments and Penalties

Site: nolo.com
... Jail Time In most states, a first-offense DUI or DWI is classified as a misdemeanor and punishable by ... For a DUI or DWI that's been classified as a felony—either because the driver killed or injured ... Driver's License Problems A DUI or DWI offender stands a good chance of having his or her license suspended ... DUI/DWI Penalties by State To find out what the fines, jail time, and other penalties for a drunk driving ... and DWI charges, see Nolo's article Dealing with a DUI or DWI Charge. ... DUI or DWI Punishments and Penalties ...
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Is a DUI/DWI a Felony Offense?

Site: nolo.com
... But, in some circumstances, a DUI can be a felony. What Is a Felony DUI? ... Generally, it's possible to be convicted of a DUI as a misdemeanor or a felony. ... (A driver could also face vehicular homicide charges for a DUI-related killing.) ... Having prior DUI convictions can also elevate a DUI to a felony. ... What's the Difference Between a Misdemeanor and Felony DUI? ... Is a DUI/DWI a Felony Offense? ...
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Dealing With a DUI or DWI Charge

Site: nolo.com
... Sometime after your arrest for a DUI (driving under the influence), you'll have to appear before a judge ... Most DUI plea bargains result in the defendant pleading to a DUI charge. ... How DUI Trials Work As with all criminal cases, the prosecution has the burden of proving DUI charges ... DUI trials typically take anywhere from a few days to a week or so. ... In most DUI cases, jury deliberations don't take very long—not even a full day. ... Dealing With a DUI or DWI Charge ...
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Second Offense DWI/DUI in New Jersey

Site: dui.drivinglaws.org
... In New Jersey, you can be convicted of driving while intoxicated (DWI) (also called “DUI” ... A first-offense DWI carries different penalties based on BAC level. ... Prior DWI Convictions at Least Ten Years Old For second or third DWI conviction in New Jersey, there& ... , the offender will face the first-offense DWI penalties. ... face the second-offense DWI penalties. ... Second Offense DWI/DUI in New Jersey ...
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Marijuana Legalization and DUI/DWI Law

Site: nolo.com
... So, how does the legalization of weed affect state DUI laws? ... Per Se and Impairment DUIs All states have two types of DUI charges: “impairment” and &ldquo ... PROVING IMPAIRMENT All jurisdictions have an impairment DUI charge. ... “Per Se Marijuana” DUIs A handful of states have adapted the per-se-DUI concept to drugged ... Talk to a DUI Attorney The consequences of a DUI conviction are serious, and DUI law varies by state. ... Marijuana Legalization and DUI/DWI Law ...
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What Are the Differences Between a DUI, a DWI, and an OWI?

Site: dui.drivinglaws.org
... These names include: driving under the influence (DUI) driving while intoxicated (or impaired) (DWI) ... Each state has its own naming convention, but DUI and DWI are the most common and are often used even ... A DUI that's based on BAC is often called a “per se DUI. ... All states have impairment DUI laws. ... or drugged driving offense in New York is called “driving while intoxicated” or “DWI ... What Are the Differences Between a DUI, a DWI, and an OWI? ...
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DUI and DWI Tests for Alcohol or Drugs: Are They Accurate?

Site: nolo.com
... Implied Consent Laws and DUI Chemical Tests If the police officer continues to suspect the person is ... (A "per se" DUI charge is based on the concentration of drugs or alcohol the driver has in his or her ... Prosecutors often rely heavily on chemical test results in proving a DUI charge at trial. ... DUI Blood Tests Generally, blood tests are the most accurate means of measuring the amount of alcohol ... Talk to an Attorney DUI chemical tests are not infallible. ... DUI and DWI Tests for Alcohol or Drugs: Are They Accurate? ...
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Washington D.C.’s Underage DUI/DWI Laws and Penalties

Site: dui.drivinglaws.org
... District of Columbia has three types of impaired driving violations: Driving under the influence (DUI ... Any person can get a DUI for operating a vehicle while impaired to the extent that he or she is less ... Driving while intoxicated (DWI). ... notably affected by drugs or alcohol, a lower level of impairment than what’s required for a DUI ... Underage DUI/DWI Penalties In many jurisdictions, the penalties for an underage DUI are different than ... Washington D.C.’s Underage DUI/DWI Laws and Penalties ...
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Will I Lose My License for a DUI/DWI?

Site: nolo.com
... In most states, license suspension is a mandatory consequence of a DUI conviction. ... DUI-Related License Suspensions DUIs can—and often do—lead to two types of license suspensions ... to a year on a first DUI. ... For example, in Colorado, a first DUI conviction carries a nine-month suspension. ... In Texas, for instance, a first DWI (driving while intoxicated) conviction leads to a license suspension ... Will I Lose My License for a DUI/DWI? ...
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New York DWI/DUI Laws: Refusal to Take a Breathalyzer or Chemical Test

Site: dui.drivinglaws.org
... These chemical tests are usually done at the police station following a DWI arrest. ... And PBT results generally can’t be used against a DWI defendant at trial. ... Get Help With Your DWI If you’ve been arrested for or charged with DWI in New York or any other ... state, get help from an experienced DWI attorney. ... Talk to a DWI attorney in your area to find out how best to proceed with your case. ... New York DWI/DUI Laws: Refusal to Take a Breathalyzer or Chemical Test ...
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DUI and DWI Defenses Related to Breath, Blood, Urine, and Saliva Tests

Site: nolo.com
... or DWI. ... The results of these tests are usually a big part of the prosecution's DUI case against you. ... Mounting many of these DUI defenses may require the expertise of a lawyer. ... If you are accused of a felony DUI or DWI, you should hire an attorney—be sure to find one experienced ... with handling DUIs or DWIs. ... DUI and DWI Defenses Related to Breath, Blood, Urine, and Saliva Tests ...
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Oklahoma First-Offense DUI

Site: dui.drivinglaws.org
... A first DUI conviction is a misdemeanor in Oklahoma. ... Generally, a DUI is considered a first offense in Oklahoma if the driver has no prior DUI convictions ... However, many factors come into play with DUI sentencing. ... First DUI Criminal Penalties Jail Time A first-offense DUI normally results in ten days to one year of ... DUI law is complicated and the facts of each case are different. ... Oklahoma First-Offense DUI ...
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Oklahoma Second-Offense DUI

Site: dui.drivinglaws.org
... A second DUI conviction is a felony in Oklahoma. ... However, many factors come into play with DUI sentencing. ... Fines A person who’s convicted of a second DUI faces fines of up to $2,500. ... Aggravated DUI If the driver’s blood alcohol concentration (BAC) was .15% or more, the DUI is considered ... DUI law is complicated and the facts of each case are different. ... Oklahoma Second-Offense DUI ...
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New York Aggravated DWI

Site: dui.drivinglaws.org
... A DWI can be charged as an Aggravated-DWI if the motorist operates a vehicle: with a BAC of .18% or ... and commits DWI, Drug-DWAI, or Combination-DWAI (“Aggravated-DWI with a child passenger” ... New York's Aggravated DWI Penalties The penalties imposed depend on which type of Aggravated-DWI the ... if the defendant has a prior DWI, Aggravated-DWI, Drug-DWAI, or Combination-DWAI within the previous ... Third Conviction If the defendant has two prior DWI, Aggravated-DWI, Drug-DWAI, or Combination-DWAI convictions ... New York Aggravated DWI ...
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South Dakota First-Offense DUI

Site: dui.drivinglaws.org
... A first DUI conviction is a class 1 misdemeanor in South Dakota. ... A DUI is considered a first offense if the offender has no prior DUI convictions that occurred within ... A first offense DUI can result in up to one year in the county jail. ... (Read more about the costs of a first DUI.) Substance abuse evaluations. ... It may not be possible to avoid all DUI penalties, but a skilled DUI attorney can advise and guide you ... South Dakota First-Offense DUI ...
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Hawaii First-Offense DUI/OVUII

Site: dui.drivinglaws.org
... Hawaii’s DUI laws prohibit the operation or actual physical control of a vehicle: with a blood ... the influence of an intoxicant”)) is considered a first offense if the offender has no prior DUI ... Criminal Penalties Hawaii law sets out minimum and maximum penalties for a first-offense DUI. ... Driver’s License Revocation A DUI incident can lead to license revocation several different ways ... If you are charged with a DUI, it’s best to consult with an experienced DUI lawyer who can explain ... Hawaii First-Offense DUI/OVUII ...
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