Difference Between a DUI and a DWI in Arizona
If you get arrested for allegedly operating a vehicle while impaired by drugs or alcohol, you could face a charge known as DUI (driving under the influence) or DWI (driving while intoxicated). While these two terms are often used interchangeably, they have minor differences. In Arizona, all intoxicated driving offenses are referred to as “DUI.”
Contact our Scottsdale DUI attorney at the Corso Law Group to discuss your legal options today.
DUI vs. DWI in Arizona
Although the State of Arizona only uses the term “DUI” or driving under the influence to describe this crime, it is important to understand the difference between this charge and a DWI in criminal law in general. If you get arrested for DWI in another state, for example, you will know how this differs from a DUI offense.
DUI and DWI can both refer to intoxication or impairment by drugs and alcohol. The main difference is that DUI tends to refer to a driver’s behaviors, while DWI refers to actual blood alcohol concentration (BAC) level. In Arizona, both behavior and BAC can be used to make a DUI arrest.
What Is a DUI in Arizona?
According to Arizona Revised Statute § 28-1381, “It is unlawful for a person to drive or be in actual physical control of a vehicle…while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination…if the person is impaired to the slightest degree.”
Being “impaired” can refer to any action that displays an inability to safely control a motor vehicle, such as blurred vision, slurred speech, impaired judgment or a loss of motor control. A driver in Arizona could get arrested for DUI due to signs of impairment or intoxication regardless of his or her BAC level.
“DWI,” on the other hand, typically references a driver being in excess of a state’s legal blood alcohol limit. In Arizona, this limit is 0.08 percent within two hours of driving or being in actual physical control of a vehicle. The legal BAC in Arizona is reduced to 0.04 percent for commercial drivers and any detectable amount for underage drivers.
Similarities Between DUI and DWI
There are more similarities than differences between a DUI and DWI. Since Arizona only uses the term DUI, both of these crimes are lumped into the same category when an individual is arrested for drunk or drugged driving. Both can carry severe penalties with mandatory sentencing guidelines.
The consequences of a DUI/DWI in Arizona can include:
- Jail time of 10 to 90 days (or more for an extreme DUI)
- Driver’s license suspension or revocation
- Mandatory alcohol education courses and screenings
- Ignition interlock device installment on all vehicles
- Community service requirement
An aggravated DUI charge in Arizona can come with harsher penalties, including a longer jail sentence. Aggravated DUIs are classified as felonies. This type of charge may arise if there are aggravated circumstances, such as a drunk driving car accident or a child under the age of 15 in the vehicle.
How Can a DUI/DWI Defense Attorney Help You?
It is crucial to hire an experienced DUI/DWI defense lawyer if you are facing this type of criminal charge in Arizona. The right attorney can search for all possible defenses to your drunk driving charge in an effort to minimize the penalties and consequences you face. An attorney can help you protect your rights and future as much as possible after a DUI arrest. For a free DUI case review in Scottsdale, contact Corso Law Group 24/7. Call today at (480) 471-4616.
