The Toney Law Firm, LLC The Toney Law Firm, LLC

DWI vs. DUI: What’s the Difference?

Chicago DUI Attorney

DUI vs. DWI in Illinois 

Differentiating DUI and DWI Charges 

When it comes to driving under the influence, the terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are often used interchangeably. However, in Illinois, there are subtle distinctions between the two. Understanding these differences is crucial, as they can have significant legal implications. This post will explore the variations between DUI vs. DWI in Illinois and shed light on the consequences of each offense.

Defining DUI and DWI

In Illinois, DUI refers to driving or being in physical control of a vehicle while impaired by alcohol, drugs, or a combination of both. On the other hand, DWI stands for driving while intoxicated and typically refers to operating a vehicle with a blood alcohol concentration (BAC) above the legal limit.

DUI: Driving Under the Influence

In Illinois, a person can be charged with a DUI if they operate a motor vehicle under the influence of alcohol, drugs, or a combination of both. The critical factor in a DUI case is impairment. The law recognizes that impairment can result from various substances, including alcohol, illicit drugs, prescription medications, and over-the-counter drugs. It's important to note that the legal BAC limit for drivers aged 21 and over is 0.08% in Illinois.

DWI: Driving While Intoxicated

In contrast to DUI, DWI in Illinois refers specifically to driving with a BAC above the legal limit of 0.08%. If a driver is found to have a BAC exceeding this threshold, they can be charged with DWI, regardless of whether or not they exhibit signs of impairment. In a DWI case, the focus is primarily on the driver's blood alcohol concentration rather than their level of impairment.

Consequences of DUI and DWI in Illinois

The consequences for both DUI and DWI convictions in Illinois can be severe. Let's take a closer look at the penalties associated with each offense.

DUI Penalties

For a first-time DUI offense in Illinois, the penalties may include the following:

  • A minimum one-year driver's license suspension
  • Up to one year of imprisonment
  • Fines up to $2,500
  • Mandatory alcohol education programs
  • Possible community service

Subsequent offenses result in increasingly harsher penalties, including longer license suspensions, higher fines, mandatory installation of an ignition interlock device, and potential felony charges for repeat offenders.

DWI Penalties

If convicted of DWI in Illinois, the penalties may include:

  • A minimum one-year driver's license suspension.
  • Fines up to $2,500.
  • Potential imprisonment for up to one year.
  • Mandatory alcohol education programs.
  • Community service.

Like DUI offenses, repeat DWI offenses have more severe consequences, including longer license suspensions, higher fines, and potential felony charges.

It's worth noting that both DUI and DWI convictions can have long-term effects beyond legal penalties. They can impact employment opportunities, insurance rates, and personal reputation. Therefore, it's crucial to avoid driving under the influence of alcohol or drugs altogether.

Implied Consent and Enforcement in Illinois

One crucial aspect to consider is that Illinois is an implied consent state. By operating a motor vehicle, you have already given your implied consent to submit to chemical testing, such as a breathalyzer or blood tests, if you are suspected of DUI or DWI. Refusing to take these tests can lead to additional penalties, such as an automatic driver's license suspension.

When it comes to enforcement, law enforcement officers in Illinois have the authority to pull over and conduct field sobriety tests on drivers they suspect of DUI or DWI. These tests, which assess physical and cognitive abilities, are used to gather evidence of impairment. Common field sobriety tests include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests. If a driver fails these tests or exhibits signs of impairment, they may be arrested and subjected to further chemical testing to determine their BAC.

Zero Tolerance and Commercial Drivers in Illinois

It's also worth mentioning that Illinois has strict zero-tolerance policies for drivers under the age of 21. Any detectable alcohol in their system can result in a DUI charge, leading to license suspension and other penalties. Additionally, commercial drivers in Illinois face lower BAC limits, with a limit of 0.04% for operating a commercial vehicle.

Consulting with an Attorney

If you face DUI or DWI charges in Illinois, seeking legal counsel is highly recommended. An experienced attorney specializing in DUI and DWI cases can help you navigate the legal process, assess the strength of the evidence against you, and work towards the best possible outcome. They can also guide how to handle interactions with law enforcement and protect your rights throughout the legal proceedings.

Contact The Toney Law Firm, LLC today to schedule a consultation and learn more about the differences between DUI vs. DWI in Illinois!