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DWI or DUI, WHats the difference?


the difference between dui and dwi

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What’s the Difference Between a DWI and DUI in Minnesota?

"DUI" means "Driving Under the Influence." This may or may not include a specific alcohol level. All that is required for a conviction is proof that the driver was impaired by alcohol.DUI is defined as the act of driving, operating, or being in physical control of a motor vehicle while under the influence of alcohol, a controlled substance, or an intoxicating substance. Whether the specific amount of alcohol, a controlled substance or an intoxicating substance consumed by a person causes actual impairment will vary by the individual.

"DWI" means "Driving While Intoxicated." Intoxicationmeans driving, operating, or being in physical control of a motor vehicle while having an alcohol concentration that exceeds the legal limit (presently .08 or more in Minnesota) or having any amount or the metabolites of a schedule I or II controlled substance detectable in the person’s system. “Intoxication” is a legal term defined by the legislature. Accordingly, actual impairment is not required for a person to be convicted for a DWI.

Since 2001, the Minnesota legislature has adopted the term "Impaired Driving" which encompassesactual impairment, a prohibited alcohol level or having any amount or the metabolites of a schedule I or II controlled substance in a person’s system while driving, operating or controlling a motor vehicle. Accordingly, both DWI and DUI begin as misdemeanor level offenses. However, if a driver’s measured alcohol concentration is .16 or above, or if a driver has prior impaired driving offenses, the charges may be enhanced to gross misdemeanor or even felony level offenses by the prosecutor.

If you find yourself facing DWI, DUI or any other type of criminal Impaired Driving charges in Minnesota or Wisconsin and need to explore your criminal defense options and getting your driving privileges restored, our seasoned lawyers can help. Attorneys are available 24-7 — Call us at 612-334-3342.


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