Friday, July 20, 2012

Boise DUI Lawyers - Criminal Defense Attorneys (208) 472-2383 DUI Types in Idaho

As a Boise DUI Attorney people often express their exasperation to me about DUI law in general.  One particular thing that really gets people wondering is the use of various terms in criminal law.  Excessive, Aggravated and DWI are three terms people always ask me about.

What is the Difference Between a DWI and a DUI?
Many criminal attorneys answer this as a regular part of their criminal law practice.  Most forty-five + year olds remember the days when the drinking age was 19 (18 in some states) and if you got caught driving while intoxicated you were charged with a DWI.  DWI means just that.  It was changed, however, because the law encompasses more than mere intoxication.  You can also be impaired as a driver if you are driving under the influence of drugs, whether they are illegal drugs, like marijuana or meth, or legal prescription or over the counter drugs.  The term DUI means driving under the influence which incorporates under the influence of drugs or alcohol.

Excessive DUI
There is ordinary DUI charge and there is a charge for an excessive DUI.  A standard DUI means that you were operating a motor vehicle with a blood alcohol content of .08% or greater or under the influence of drugs.  An excessive DUI means that you were driving with a BAC of .2% or greater.  It is excessive because the level of impairment created.

The penalty for an excessive DUI is basically one step up from a regular DUI.  The penalty for a first time excessive DUI is the same as for a second time DUI.  The tiered penalty is created because of the degree of impairment.

Aggravated DUI
As a Boise DUI Lawyer people often ask me what the difference between an excessive DUI and an aggravated DUI is.  Excessive has to do with the amount of alcohol in your system and the degree of impairment, whereas aggravated is a term used to describe the level of harm or potential harm.  An aggravated DUI means that you were driving under the influence of alcohol or drugs and you caused an accident which caused great bodily harm, disfigurement or death to another individual.

Any DUI charge is a serious circumstance.  If you want the best representation available from a Boise DUI Attorney give us a call today, 208-472-2383 - you will be glad you did.


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  3. Very informative article thanks for sharing.
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