Differences between DUI and DWI

There are probably more similarities than differences. However, there are indeed differences. Both DUI and DWI charges are serious criminal charges in Arizona. For starters DUI is the acronym for “Driving Under the Influence” of alcohol or drugs. DWI is the acronym for “Driving While Intoxicated” by alcohol only. Here are some additional facts about each:

• Both DUI and DWI are criminal charges.
• Both DUI and DWI carry severe penalties with harsh mandatory sentencing guidelines.
• Both DUI and DWI may impact your future and freedom now and years in the future.
• An Arizona DUI conviction requires driving under the influence of alcohol or drugs. The alcohol does not need to raise to the set DWI levels of 0.08 or greater, 0.15 or greater for the Arizona extreme DWI, or 0.20 or greater for the Arizona super extreme DWI.
• An Arizona DUI based on alcohol can be lower than 0.08. Also, in Arizona you can get convicted of a DUI for marijuana, other types or illegal or legal prescription drugs.
• An Arizona DWI conviction requires some measurable amount of alcohol in your body within two hours of driving or actual physical control of your vehicle. This measure of alcohol must be done according to correct procedures.

Below are the most common DWI testing methods for Blood Alcohol Content (BAC):

1) Obtaining a breath sample with via a breathalyzer machine when blown into provides statistical data on the BAC levels. There are many facets of breath testing that may be challenged by experienced DUI Defense lawyers

2) The second DWI testing method is by blood sample. While some argue that blood samples results are slightly more accurate, there is much room for an experienced DUI lawyer to challenge as well.

James Novak, experienced Arizona DWI lawyer understands how to evaluate the calibration and maintenance logs to establish proper handling of the equipment. He often challenges the breathalyzer evidence to defend clients charged with DWI. Other factors may be challenged as well including violations of your constitutional rights; errors in the officer’s conducting of the test; violation of protocol during testing; and experience and credentials of the officer conducting the test; external factors that may skew results of the test such as certain medical conditions of the defendant. These are just some of the aspects of breath tests results that can be challenged in an effort to get AZ DUI DWI charges dismissed, reduced or obtain more lenient penalties in favor of the defendant.

There are many facets of blood tests to analyze for accuracy and error to weaken the prosecution’s defense. For example, if retained, the Law Office of James Novak often has the blood sample retested by an independent lab, to compare it with the criminal lab results for error or flaws. Also, he will examine the credentials of the officer or personnel who drew the blood to make sure they are properly certified in DUI Phlebotomy testing. He will also make sure there were no violations of your constitutional rights; protocol for testing; transport and storage; and kits used to conduct the test. Violations, flaws and errors in these situations may often lead to DWI dismissals. Protect yourself by hiring an experienced Arizona DUI and DWI attorney.

Being arrested for a DUI is the just the beginning of the legal process. And arrest is not a conviction. You have the right to defend your charges with an effective impaired driving defense attorney. James E. Novak of the Law Office of James Novak, is a former prosecutor and proven DUI and criminal defense attorney. Call today for your free initial consultation (480) 4103-1499 and speak directly with James Novak regarding your matter. You can also complete a contact form on our website. The Law Office of James Novak serves clients I the East Valley Cities of Maricopa County including Mesa, Tempe, Chandler, Gilbert, Scottsdale, and Phoenix AZ.