What’s the Difference?” DUI and DWI

DUI DWI LAWYER

Difference 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.

Common Testing Methods in Arizona for DWI BAC levels

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.

If you were arrested for a DUI DWI or drunk driving Offense in Maricopa County you need to retain The Law Office of James Novak to Defend Your Charges! The key to a winning AZ DUI defense is “Early Retention”. The Law Office of James Novak’s is committed to fighting your DUI DWI Charges. James Novak defends clients who have been charged with DUI DWI Drunk Driving or other criminal charges in Phoenix, Tempe, Gilbert, Scottsdale, Mesa, Chandler AZ and surrounding cities within Maricopa County Arizona.

Call Now for Your Free Initial DUI DWI Consultation (480) 413-1499!

**All Arizona Laws are subject to change. Also, every case has it’s own unique set of circumstances. The information in this content may or may not apply to your particular circumstances. For current and updated DUI laws or help surrounding your active DUI charges, contact the Law Office of James Novak for your initial consultation. Up to date information will be provided if your DUI charges are active in Maricopa County, you are in pre-trial phase, and you have not retained legal representation for your DUI charges.

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