Legal Definitions - DWI/DUI Violation

Definition: DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are driving violations that involve both administrative and criminal consequences. When a law enforcement officer suspects a driver of being under the influence of drugs or alcohol, they may ask the driver to take a chemical test. Refusing to take the test can result in an automatic suspension of the driver's license in most states. The administrative component of a DWI or DUI falls under the jurisdiction of the State's Department of Motor Vehicles (DMV).

Example: If a driver is pulled over by a police officer and the officer smells alcohol on their breath, they may ask the driver to take a breathalyzer test. If the driver refuses, their license may be suspended for a certain period of time, even if they are not ultimately convicted of a DWI or DUI.

Explanation: This example illustrates how refusing to take a chemical test can result in administrative consequences, such as a license suspension. Even if the driver is not convicted of a DWI or DUI, they may still face penalties for refusing to take the test.

Example: If a driver is convicted of a DWI or DUI, they may face criminal penalties such as fines, jail time, or community service. The severity of the penalties depends on the state's laws and the circumstances of the offense.

Explanation: This example illustrates the criminal consequences of a DWI or DUI conviction. Depending on the severity of the offense and the state's laws, a driver may face significant penalties for driving under the influence of drugs or alcohol.