For the past 50 years, drunk driving in America has become both newsworthy and has spawned numerous non-profit and profit-based businesses. Ignition interlock companies are now “big business,’” and hold tremendous influence at State legislatures, where they work with MADD to try to force lawmakers to add these devices on every person’s vehicle, following a DUI conviction. Plus, DUI laws have continued to become more inflexible and punitive, in terms of loss of driver’s license and potential jail time.
ANY citizen convicted of driving under the influence will find that DUI penalties are severe and that punishment continues long after the DUI case is over, both in terms of limitations on work, and other economic opportunities. In the late 1960s, getting arrested for drunken driving could be remedied by joining the Army and going to Vietnam.
Today, joining the military with a pending case won’t be allowed. Even being on probation acts to bar military service, and DUI almost invariably calls for probation, for any time not served in jail. A DUI attorney who is a DUI specialist in the state where you were arrested for driving under the influence will be in high demand when a DUI-DWI case occurs. He or she can guide an accused person on how to mitigate punishment, and how to prepare for trial, if that is what is needed.
Can a Drunk Driving Attorney explain DUI Penalties?
Penalties for DWI and DUI drastically change from how a first offense DUI is treated versus a person facing a second DUI. Each state ramps up punishment and total loss of driving privileges on DUI second offense or subsequent drunk driving convictions. You may find that second DUI penalties are quadruple (or more) of what a 1st offense DUI will require. By way of example, a DUI first offense in Georgia carries 40 hours of community service, but a 2nd DUI (in 10 years) has 240 hours — a six-fold increase — as the minimum number hours.
For a second conviction of DUI what is the Penalty?
In some states, a first DUI offender can seek alternatives to a DUI, so ask the top DUI attorney that question. That option disappears for a second DUI offense.
Some states measure repeat DUI offenses by your lifetime driving record, but most measure it by a fixed term of years. So, search for terms like “second DUI in California,” or “2nd DUI in GA.” Find DUI lawyers with impeccable credentials and reputations for winning. With such harsh DUI consequences, all citizens arrested for a DUI case need the best DUI attorneys by their side. DUI lawyers at the best DUI law firms not only know the state DUI law, they know how the local court system functions, and can use their training and knowledge to either get a DUI reduced to reckless driving (if available) or take you criminal case to trial.
How a Birmingham DUI Attorney Beats a DUI
A DUI defense attorney approaches drunk driving defense by analyzing the quality of the Prosecutor’s case. This starts with the police officer’s training records, and possibly his or her disciplinary record. A knowledgeable drunk driving lawyer will focus on every detail of your pullover and arrest, including probable cause, custody issues, whether Miranda rights were read, and if the implied consent law was strictly followed.
A DUI defense lawyer at our DUI law firm can also help you by looking for deviations in DUI arrest procedures, and any administration mistakes, omissions or outright errors made by the arresting officer when attempting to perform NHTSA standardized field sobriety tests. Pre-trial motions targeted to getting the DUI dismissed, or to eliminate evidence are part of our DUI law firm’s arsenal.
A criminal defense attorney can help verify whether the agility and divided attention testing was properly conducted. If not, your chosen lawyer DUI specialist will know a DUI expert witness or witnesses to call, as defense witnesses, to attack the reliability of the police tests. This can include retired police academy trainers, experts in testing and measurement, human factors experts or even medical doctors or pharmacologist.
Finding an Alabama Lawyer DUI “trained”
A DUI defense lawyer for your local court who is highly rated by one or more of the three legitimate attorney ratings services (Super Lawyers, Best Attorneys or Martindale) can outline your state’s minimum mandatory fines and surcharges, any required DUI license suspension, possible jail time, probation, ignition interlock installation and costs, as well as restrictions on your right to travel or rent cars after a driving while intoxicated conviction.
A DWI DUI specialist will have extensive additional DUI enforcement training and certifications in the roadside evaluations known as the “field sobriety test” battery. Additionally, he or she was breath alcohol test training, and routinely files motions in limine and suppression motions. This extra training is typically not taken by a criminal defense lawyer who handles general criminal defense.
DWI vs DUI – What is the difference between DUI and DWI?
Attorneys for DUI cases don’t choose which acronym for “drunk driving” their particular State uses. The State Legislature of each state writes its laws, and sets forth the DUI punishments for all DUI offenses (e.g., first DUI, 2nd DUI, 3rd DUI). Plus, the wording of the drunk driving laws determines how your State defines driving while intoxicated. Some states use the word “driving” while being too drunk (DWI), some use the word “driving under,” for driving under the influence (DUI). Other state DUI laws use “operating,” and others use phrases like “operating a motor vehicle while impaired,” for OMVI.
DUI is the most prominent acronym, but DWI is the next most commonly used abbreviation. Even in states that call the drunk driving offense “DWI,” like North Carolina and Texas, a substantial number of people search the Internet for the term “DUI.”
Other common acronyms are DWUI, OWI, OVI, DUII, OMVI, OUI and several other abbreviations. Two states (New York and Colorado) have added “less offenses” of DWAI, that have fewer DUI penalties of driver’s license loss issues. In practical terms, the acronyms are meaningless, in most states, because the state DUI-DWI laws behind these criminal laws and driver’s license suspension penalties are what is important.
Below find each state’s most commonly used DWI vs DUI acronym for driving while under the influence.
Alabama DUI – Birmingham DUI attorney
Colorado DWAI (lesser offense)
District of Columbia DWI and DUI
Georgia DUI – Atlanta DUI lawyer
Indiana DUI and OWI
Maryland DUI and DWI
New Hampshire DWI
New Jersey DWI
New Mexico DWI
New York DWI
New York DWAI (lesser offense)
North Carolina DWI
North Dakota DWI
Ohio OMVI or OVI vs DUI
Rhode Island OUI
South Carolina DUI
South Dakota OWI
West Virginia DWI
Call a DUI Attorney at our DUI Law Firm Today, for a FREE Case Assessment
A highly-rated Birmingham DUI lawyer at Polson Law Firm can help you anywhere in Alabama, by personally handling your criminal case. If facing arrest in another state, we will be glad to help you locate another DUI law firm that is in your DUI vs DWI court location. We also know the best DUI attorneys in OTHER states. Call us today, for a FREE lawyer consultation and legal help. Call our criminal defense lawyers to find your Alabama DUI Lawyer. Call now for immediate help, at (205) 871-8838. ON WEEKENDS or AFTER BUSINESS HOURS, try: 24 hour Lawyers at 205-222-4544.
TIME IS OF THE ESSENCE, since most DUI cases have related an administrative suspension (for DUI refusal or for taking a breath alcohol test and being over the legal alcohol limit) that must be APPEALED. Call Whitney Polson or Mark Polson for assistance with your DUI case.