Mar 5, 2019

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DUI vs DWI

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Dekalb County DUI Lawyer

Many people may have heard of both DUI, “driving under the influence”, and DWI, “driving while intoxicated”, and may think they are the same. While they are similar, these two criminal offenses can also be different depending on the location of which the offense took place. Both DWI and DUI are very serious criminal offenses and can be punishable by jail time, fines, and license revocation. However, while more commonly associated with drinking alcohol while operating a vehicle, these offenses are not limited to alcohol. You are at risk of being charged with a DUI or DWI if you have consumed drug related substances, prescribed or otherwise, while operating a motor vehicle. Many people do not fully understand these charges and the impact that it will have on a defendant’s life.

In several states, DWI charges are usually associated with the use of alcohol while driving and being over the states’ legal limit according to a blood alcohol consent test or urine test. Meanwhile DUI’s are usually associated with both drug and alcohol related offenses. It is best to understand the difference in your state to be able to best understand a charge, if you happen to be charged with either criminal offense.

Acronyms such as “OWI” and “OUI” are also used in some states. This classification makes a clear distinction between physically driving the vehicle, or simply sitting in a vehicle that is on or off and being under the influence of drugs or alcohol. The “O” in these charges represent “operating”. Not every state makes this distinction.

In some states, even if you do pass a BAC test, but fail a field sobriety test you may still be charged with DWI because the officer may feel you are in no position to operate a vehicle in your current state. Also, if you pass a breathalyzer, an officer may still be able to use that information against you in court. It can be assumed that you were not under the influence of alcohol, but drugs.

No matter the reason, if you or someone you know has been charged with a DUI or DWI it is important that you speak with a skilled criminal defense attorney that will be able to review the facts of your case and build your defense. While it may be easy to be charged, with the right attorney, it may be easy to have the case turn in your favor. Contact a Dekalb County DUI lawyer as soon as possible.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense and DUI offenses.

Defense for DUI and DWI Offense

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DUI Lawyer Dekalb County, GA

While it may be extremely frustrating, it is possible to beat DUI and DWI charges. If you or someone you know has been charged with driving under the influence, or driving while intoxicated, all hope is not lost, and you should be made aware of the defense possibilities available to you. The right defense can make all of the difference in your case and charges. Charges may be reduced, your license may not be revoked, and in some cases, charges can be dropped entirely.

In order to successfully be prosecuted for a DUI, it must be proven that you were driving a vehicle and were at the same time under the influence of drugs or alcohol. A conviction will be unsuccessful if both cannot be proven.

It is best to understand the state the offense was charged in so you understand the defenses that are available to you if you are convicted, as laws vary from state to state. For example, a DUI charge would only be eligible if the defendant is actually driving a motor vehicle. This means if you were charged with DUI while sleeping in a running, and parked car, there is a reasonable defense available to you. Unfortunately, it is rare that states will require that you must be driving the car to obtain this charge.

The right attorney will be able to pull out any unjustifiable actions made by the arresting officer in your DUI case. There are some cases where officers do not follow the proper procedures, and this can lead to all charges or evidence being thrown out entirely.

If an officer has no probable cause for stopping your vehicle, there is a defense for you. This means, you must be stopped by an officer for disobeying a traffic laws or law in general. An officer cannot stop you for a possible DUI for simply seeing you leave a bar. IF for some reason an officer makes a wrongful arrest for DUI with no probable cause, a judge may consider the evidence used against you as inadmissible. Even still, just because you simply ran a red light, or are stopped for speeding, this does not give the officer enough cause to charge you with a DUI or DWI.

Your legal team can make all of the difference in your DUI case, if you or someone you know has been charged with a DUI or DWI, you may have a legitimate defense and it is wise to speak with an experienced DUI lawyer Dekalb County, GA offers to find those defenses and fight for you.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense and DUI charges.