SACRAMENTO DUI ATTORNEY
DWI vs. DUI vs. Wet & Reckless Charges
Both DUI and DWI law are geared to protecting the public from drivers under the influence of alcohol or some other intoxicant. While they appear to be the same and some states use the terms interchangeably, other states classify them as separate crimes.
DUI is an acronym for Driving Under the Influence and covers both alcohol and drug offense. DWI is an acronym for Driving While Impaired or Intoxicated. In those state that recognize them as separate violations, DUI is a lesser charge then DWI which will carry heavier penalties. Sometimes DWI can be reduced to a DUI if the case meet certain criteria.
In California, DUI is a stiffer penalty. However, again, if your case meets the certain criteria your charge can be reduced to Wet Reckless. Wet Reckless will carry lower fines, shorter mandated court-approved drunk driving education program, no jail term, and shorter informal probation. However it will still count as a prior conviction if subsequent arrests.
Another important issue to note is that an individual cannot get arrested under Wet Reckless laws. It was designed as a lesser penalty to be bargained for during the plea bargaining.
To protect your rights and improve your chances of obtaining a favorable outcome for your case, it is important to discuss your case with an experienced Sacramento DUI attorney, call to speak with an attorney now.
A third DUI automatically mandates 120 days of jail time with possibility of up to a year.
In addition, you will be put on either court or formal probation for 3-5 years, fines that can add up to $3,000, license suspension or restriction up to 3 years, and 18 months of DUI school.
Court fees and costs could be paid over time with interest, in full within 45 days, or can be partially worked off with community service.
If the Department of Motor Vehicles decides on a suspended license, you are prohibited from any driving. A restricted license allows you to drive to and from work or school. As with the second DUI, an ignition interlock device will be installed in your car if given a suspended license. An ignition interlock device is a portable breath-testing device that prevents your car from starting if the breath sample provided exceeds the limit it is set to, which is usually no alcohol.
Driving Under the Influence usually counts as misdemeanors. However, if you are reaching your fourth DUI conviction, it might be charged as a felony DUI, especially if there are dangerous factors involved such as injuries, damage, children and the such.