The use of two different terms leads many people to wonder, “What is the difference between DUI and DWI?” Are they two different terms referring to the same thing, or are they separate and distinct crimes? The terms both refer to the same crime: operating a vehicle while intoxicated or under the influence of drugs or alcohol. DUI stands for Driving Under the Influence. DWI stands for Driving While Intoxicated or Driving While Impaired. Note that these terms don’t refer simply to driving while drunk – they also cover operating a vehicle after using illegal drugs.

However, some states to make a distinction between the severity of the crimes. In some parts of the US a DUI is considered less serious than a DWI – the reasoning being that there is a distinction between being simply “under the influence” and actually being “intoxicated.” It implies a difference in the level of impairment caused by the drugs or alcohol on your coordination and motor skills. Other states treat both DUI and DWI exactly the same way. There is a legal limit for intoxication and anyone caught driving over that limit will be treated in the same way – however, the punishment dealt out by a judge may still be influenced by the level of intoxication.

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The bad thing about getting a DUI is that it can stick with you for years after your arrest. DUI background checks can keep you from getting better employment and keep you stuck in a rut. The good news is you learn to legally clear DUI background checks in all 50 states, improving your employment opportunities and getting your life back on the right track! One of the keys to doing this is to understand the DUI process. DUI has become a political crime that carries a stigma. As a result of the pressure placed on governments by political pressure groups like MADD, the laws governing a DUI conviction have been designed in a one size fits all manner. All other crimes are separated according to the degree of severity, but DUI is different. That means someone barely over the legal limit after a few drinks with dinner is treated very similarly to a multiple offender who causes an accident and is three times over the limit. When that employer you just contacted sees your DUI background check, it is likely to bring up visions of the second example.

Local government also make big money off of DUIs. As a result, the trend has been to lower the legal blood alcohol content levels to increase revenue. What this has done is place thousands of people every year into our criminal justice system that otherwise would never have a criminal record. If you fit the above description, your life will take a turn for the worse after a DUI conviction unless you take the necessary steps to educate yourself on the DUI process And what it takes to pass DUI background checks. Even if you got your DUI years ago, there are steps you can take to minimize the effects.

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A lot of road accidents are caused by drunk driving, so firm action has been made against it in the form of legislation. Florida is one state that takes Driving Under the Influence (DUI) seriously. DUI in this state has severe consequences. Strict measures against it are enforced by the Florida Police and the Florida Department of Highway Security and Motor Vehicles (FDHSMV).

-According to the law
Under the “Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances” law, a DUI arrest can be made if the driver is detected to have at least 0.08% of alcohol present in his urine, blood sample, or breath. Immediate legal action is taken and the defendant has until ten business days to make a special plea in order to repossess his revoked license. If the driver fails to do this, his license will be confiscated for six months or longer, depending on the case. If the DUI caused minor accident or vehicular homicide, then there are longer procedures or even jail terms.

-Consequences
A DUI arrest could mean loss of license, fine, community service, permanent criminal record, vehicle immobilization, higher insurance rates, and even imprisonment. DUI arrests could lead to jail terms that last from six months for first convictions and up to thirty years for more serious cases, depending on damage done to life and property.

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If you find yourself arrested and charged with a DUI, you may wonder if there is anyway to get out of it. It can happen, but there are a few things you should know. Driving under the influence can carry some rather significant penalties, including jail time, steep fines, and losing your driving privileges. If you’re trying to avoid these penalties, then keep reading. This is the fastest way to get a case thrown out of court. Police officers do make mistakes and a good attorney can capitalize on these mistakes. It may be something as minor as not waiting long enough before giving you a breath test or you having something in your mouth during the test. It could also be something as major as a police office that didn’t have probable cause to stop you. Discrediting the evidence against you in a DUI case is the fastest way to get your case dismissed. Now is not the time to try to defend yourself in court. Shell out the cash for a great attorney. Don’t skimp by hiring a cheap one that just got out of law school. An experienced DUI attorney will know how to discredit the evidence, look for flaws in the prosecutor’s case against you, and will be familiar with the local courts, staff, and judges. They also will know how to help you keep your driver’s license. There’s only a short amount of time in which to file the paperwork with the state’s license bureau and if you miss this filing date, you’re not going to be driving for awhile. If you miss a court date, you’re going to be in a lot of trouble. Not only will the original case still be there, you’re going to face additional fines and penalties for failing to appear. If you’re trying to beat a DUI, missing court is one of the fastest to ways to ensure it never happens.

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Even if you have been convicted with a DUI charge it is possible that you escape jail time. Jail time is the worst penalty a convicted can expect. It is the worst punishment in every sense. Being imprisoned in jail means a tough time. Moreover the first thing that people wish to escape is the humiliation associated with it. Though DUI law ensures that the offender gets harsh punishment, a skilled defense attorney can help you to obtain DUI jail alternatives that include:
-Work Release
-Work Furlough
-Electronic Monitoring
-Drug or Alcohol Rehabilitation
-City Jail or Weekend Jail
-Sober Living
You should have a clear idea about all these options so that you can tell your attorney which alternative would be preferable for you.
-Work Release: If you opt for work release you will have to work at a site selected by the Probation Department. You need to work at the determined site during the day. You are allowed to go to your home at night.
-Work Furlough: It is another preferable alternative to jail time. This alternative allows the convicted ones to keep their own job. However instead of going back to home at night the person will have to avail a dormitory-style facility at night to sleep. They will be released to go to work in the morning.
-Electronic Monitoring: It is also called “House Arrest”. If a convicted opt for electronic monitoring the person needs to wear an ankle bracelet. The bracelet electronically monitors the moves of the person who is wearing it. The wearer is often permitted to go to work but it is crucial that he or she gets back to home by an appointed time.

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DUI or Driving Under Influence laws may have different interpretations for different states. Most rules and regulations are similar save a few exceptions. Usually, drinking and driving is a very severe offence in most states and can attract severe charges if an individual is convicted under DUI. Florida has some strict DUI laws and regulations. DUI refers to destabilized driving ability or driving with a high UBAL (unlawful blood alcohol level). Every person operating a motor vehicle gives an implied consent to take a chemical breath test when suspected of drunk driving by a police officer. There could be blood tests and urine tests carried out for ascertaining level of alcohol in blood and urine. Some specific tests are performed if the person is involved in an accident or if suspected of vehicular homicide. An immediate penalty of $250 is imposed for a first time conviction on being charged with DUI in the state of Florida. Fines may go up to $500 based on levels detected during analysis. Fines can be extremely hefty, starting at $500 and going up to $1000 or more if the person’s blood sample indicates an alcohol level of 0.20% or above. DUI laws are increasingly strict and penalties harsher when the accused has been a frequent offender.

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Anyone who has ever been arrested for a DUI understands how serious the penalties can be. A single DUI conviction can have a lasting negative effect on your personal and professional life, and it could take years to recover from the fallout. You may have just been getting back on your feet, only to be arrested again for DUI. If you are facing a second DUI offense, it is important to know that your penalties will be even more severe if you are convicted again.

Charges and Penalties

DUI is classified as a Class 1 misdemeanor. However, a second offense DUI carries more severe penalties than a typical Class 1 misdemeanor since it is a repeated offense. Below is a list of the many penalties that a second DUI conviction carries:

-Jail time: A minimum of 90 days and up to 180 days in jail
-Fines: A minimum of $500 and up to $2500 in fines
-Probation: Up to 5 years
-Driver’s license suspension: Mandatory for 1 year
-Community service: A minimum of 30 hours
-Alcohol counseling
-Ignition interlock device installation: Required in your vehicle for 12 months, starting when your driver’s license is reinstated

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If you are stopped by a police officer and asked to submit to a breathalyzer test, you have the legal right to refuse to take the test, however, refusing to take the test carries several consequences. When you first received your license, you signed several forms. Signing these forms also meant that you agreed to show your license and proof of insurance when asked by a police officer, perform field sobriety tests, and agreed to complete blood, urine, and breath tests if asked to by a police officer. This is known as “implied consent” and means that if you refuse to take the tests, your license will be automatically suspended whether or not you are convicted of DUI charges. Also, if you refuse to take the breath test, a police officer may arrest you for probable cause. Although it is your right to refuse to take the breath test, it is important to know that charges may still be brought against you in a court of law. When the breath test is administered the office will ask you to blow into a small machine. The machine then uses an infrared light to determine your blood-alcohol content (BAC) level.

There are several situations in which the breath test machine may not accurately read your breath’s BAC level. If the test is not administered as police training regulates, your BAC results may be inaccurate, leading to false accusations of DUI charges. Also, various sugar-free products contain sugar alcohols, leading breath tests to be inaccurate depending on what was in your mouth just before the test was administered. Although these types of alcohols do not compare to the effect that drinking alcohol has on the body, they may cause the breath test machine to show an inaccurate BAC number. Finally, if the machine is not correctly calibrated and maintained, your BAC reading may be inaccurate. An experienced and skilled DUI defense lawyer will inquire about the calibration of the breath test machines to discover whether any charges of DUI are valid.

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