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What is the difference between DUI and DWI?

DUI is a Class C misdemeanor that only applies to minors under the age of 21. If you are under 21 years old, you are not allowed to operate a motor vehicle with any amount of alcohol in your body.  DUI carries with it a driver’s license suspension, a fine of up to $500 and a possible lifelong criminal conviction.

DWI applies to adults over 21 years old. A person can be charged with DWI if their blood alcohol concentration (BAC) is .08 or higher, or if a police officer believes they have lost the normal use of their physical or mental faculties.

Obviously, the second part of that definition is incredibly subjective. Law enforcement officers are trained to use a series of Standardized Field Sobriety Tests to determine if someone has lost the normal use of their faculties. The tests are garbage, often administered incorrectly, and are not scored for passing, only failing.

 

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