When it comes to taking care of yourself, having access to an incredible lawyer is absolutely essential. A few years back, I was accused of a crime that I didn't commit, and it was absolutely devastating. The only way that I got through the ordeal was by finding an excellent general attorney who could represent me. I worked hard to find the right lawyer, and it was amazing to find an expert who truly understood what I was up against. This blog is all about finding the right lawyer to help you through your legal battles so that you can avoid serving time for something you didn't do.
Seeking Great Representation
Is It True You Can Be Charged With Both A DUI And A DWI?
Henry Jennings
It's common for people to use the terms DUI (driving under the influence) and DWI (driving while intoxicated/impaired) interchangeably. While it's true these terms often describe the same thing, they are defined as two separate offenses in some states, and you can be charged with both for the same incident. Here's how that can happen.
Definitions are Key
Although someone may be operating a vehicle while impaired, that doesn't necessarily mean that person is drunk. The impairment can be caused by a number of things including illicit drugs and medication. Because of this, some states categorize the incidents differently based on the cause of the defendant's intoxication.
For example, the state may charge people who drive drunk with a DWI and someone who drives under the influence of drugs with a DUI. Thus, if you're pulled over, and the cops discover you have been drinking alcohol and smoking marijuana, you could end up charged with both crimes.
In other states, however, whether you're charged with a DUI or a DWI depends on your level of intoxication. In Maryland, you'll be charged with a DUI if your blood alcohol level is .08% or over and a DWI if it's between .04% and .08%. While you won't end up being charged with both violations in this instance, the consequences of being charged with even one is still severe.
Battling the Charges
Many times, the reason you'll end up with multiple charges in one stop is cops will pile them on as an intimidation tactic. The more charges a defendant is facing in court, the higher the likelihood the person will plead out rather than spend a lot of time and money fighting every single accusation.
In other cases, cops will issue multiple charges in the hopes that something will stick. The evidence may be thin for one charge but capable of convicting you on another and whether you'll go to jail for both will depend on your attorney's knowledge and talent.
Although you may be facing a long list of charges, it's important to take a deep breath and remain calm. Contact a criminal defense attorney as soon as possible to discuss your case. The attorney will evaluate the evidence collected as well as the legal tools available to help you determine how weak or strong the prosecutor's case is as well as devise a strategy for minimizing your risk of being convicted.
For more information about this issue or help with your case, contact a lawyer. For more information, contact your local DWI attorney.
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