Which Is Worse: DUI or DWI?

Have you ever wondered which is worse, a DWI or a DUI? DWI stands for Driving While Intoxicated, and DUI stands for Driving Under the Influence. According to the driving laws of most states, a DUI is considered the least serious of the two. However, they may be used interchangeably, and different states may weigh these charges differently. In Illinois, there’s no difference because DWIs don’t exist in the state. However, let’s take a look at the differences between a DWI and a DUI because getting a DWI or DUI in another state will affect your Illinois driver’s license.

Understanding DUI and DWIs

In most other states, getting a DUI is better than getting a DWI as far as the associated punishments and charges. However, Illinois only charges people with DUIs.

DWI

In states other than Illinois, A DWI charge indicates that the individual was caught Driving While Intoxicated or Driving While Impaired. In states that charge drivers for DWIs, they usually have to have a blood alcohol content (BAC) that is .08 percent or higher.

DUI

DUIs or Driving Under the Influence doesn’t usually require a BAC, but it is dependent on the state. For example, if an individual were driving through Maryland and got stopped for drunk driving, law enforcers may administer a BAC test. If the individual’s BAC level is .07 percent or less, they’d be charged with a DUI. In other states, the DUI charge may solely be based on the individual’s behavior. In other words, if the individual’s behavior indicates that they’re under the influence of drugs or alcohol, they could be charged with a DUI.

Legal Consequences and Implications

In Illinois, police officers can stop a vehicle if they suspect the driver is impaired. Signs of impairment may include erratic acceleration and deceleration, tailgating, suddenly stopping and weaving in and out of traffic or within their lane. Drivers may also be stopped at random checkpoints. During a suspected DUI stop or a checkpoint stop, police officers are legally allowed to conduct a field sobriety test or collect samples. These may be of breath, hair or urine, and those samples can be tested for alcohol and drugs.

It’s important to note that Illinois has an implied consent law. If an individual receives a driver’s license from the state of Illinois, they also consent to providing samples if they are suspected of driving under the influence of alcohol or drugs. While the individual can refuse to be tested, it results in an immediate suspension of their driver’s license.

Refusing a Sobriety Test

• First Refusal – 12 month suspension
• Additional Refusals Within 5 Years – 3 Year Suspension

Failing a Sobriety Test

• First Failure – 6 Month Suspension
• Additional Failures Within 5 Years – 12 Month Suspension

Getting a DUI or DWI in Another State

If an individual receives a DUI or DWI conviction in another state, Illinois still considers it to be a DUI and will suspend the individual’s driver’s license for at least 12 months. Depending on the severity of the offense, the individual may also be sentenced to community service or serve a jail sentence. Other consequences include license revocation, and paying a fine.

Factors That Influence Severity

In Illinois, state law rules that a DUI can be a misdemeanor or a felony, depending on the extenuating circumstances.

• Class A Misdemeanor – A DUI may be considered a Class A Misdemeanor if it’s the individual’s first-time or second conviction.
• Class 4 Felony – Getting a second DUI while a child under the age of 16 is in the car is considered a Class 4 felony.
• Class 2 Felony – A fourth DUI conviction is considered a Class 2 felony and results in a 10-year suspension.
• Class 1 Felony – A fifth conviction is considered a Class 1 felony, and the individual’s license is revoked for the rest of their life.
• Class X Felony – If an individual receives a sixth DUI conviction, it’s considered a felony, and the individual’s driving privileges are revoked for the rest of their life.

It’s important to understand that the circumstances surrounding the DUI can increase the severity of the punishment. For example, if the individual’s BAC exceeds the legal limit (i.e. is .16 or higher), they could receive a higher fine and more jail time or community service. Drivers who are under the age of 21 and convicted of a DUI will receive a minimum license suspension of two years as Illinois is a zero-tolerance state. Fines, punishments and jail time are also increased if the individual causes an accident that injures a child.

Court Supervision for a DUI

Individuals who are facing DUI charges can receive court supervision one time. In order to qualify and have the judgment deferred, the judge must be reasonably assured of several factors.

• The individual is not at a high risk of committing additional crimes.
• The individual and the public would be better off if this individual did not have a criminal record.
• The sentence about to be imposed is just and appropriate for the situation.

Individuals, who receive court-ordered supervision, must comply with the orders from the court. For individuals with DUI charges, this may include having an ignition interlock device and camera installed inside the motor vehicle and attending alcohol or drug rehabilitation as well as paying any fines. Individuals are usually supervised for 12 months. If they stay sober and do not get into any further legal trouble, the driving charges are usually dismissed. If the individual gets into further trouble or does not complete all of the steps required, the judge will issue the standard sentence.

Impact Beyond Legal Penalties

Having a DUI or DWI on your record can affect your ability to get a job, housing and car insurance and it can affect your professional and personal relationships. DUIs show up in criminal background checks, and if the employer requires that all of their employees have no convictions, you could have trouble securing new or better employment. Not to mention, DUI convictions result in the suspension or revocation of your driver’s license, which could make it difficult to travel to a job. Once you get your driver’s license back and apply for car insurance, you’ll often find that the insurance premiums are much higher. If you’re convicted of a felony in relation to your DUI case, you’ll also lose the ability to vote and own guns. Additionally, if your coworkers find out about your conviction, it could affect how they perceive you, and your family members may be angry or upset about your conviction and the stress it’s placed on your household.

Getting Help Before You Get a DUI in Illinois

Did you know that the average individual with a DUI drove 80 times before being stopped, according to the ICJIA? Getting a DUI can result in the loss of your driver’s license, and it can make keeping your current job difficult. Imagine a scenario where you’ve been stopped for a DUI. The officer arrests you. You are held in jail and miss work. As a result, your employer terminates your employment. Once you get out, new employers will run a criminal background check, and if you’re convicted of a DUI, it will show up on your driving record. This could make it extremely difficult to find future employment.

Instead of dealing with all that hassle, consider getting treatment before you’re ordered by a judge to treatment. At Illinois Recovery Center, we offer drug and alcohol rehabilitation so that you can free yourself from your dependency.

To learn more about our programs and get the help you need, call us today.

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