TPRDFW

iTrader: (9)

My friends and I are having a hardcore conversation about these topics and what does what. obvisouly a dui is drivin under the infulence and a dwi is driving while intoxicated. i agree yes. a dwi is .08 or higher blowing. BUT CAN you can a dui if your below 0.79 or lower, is that the fine line between the two?! I understand being under the influence of pretty much anything willl get you a dui. but does that mean you can drink and drive ( 1 beer 2 beers what EVER, as long as your below .08?!)

please straighten this convo out.

thanks guys

ws6killer

iTrader: (4)

you can only recieve a dui if your in some form of accident. Dui's are basically only for minors.

PhantomSir

iTrader: (2)

If you are of age and blow under .08 the officer doesn't even have to give you a DUI. It's at their discretion. If you blow a .079999 and they feel you are sober enough to drive, they can let you go on your way. But if you blow a .00001 and they feel that you are too impaired to be driving, they can haul you off to jail with a DUI. You can't get a DWI unless you are over .08

xfactor_pitbulls

iTrader: (16)

Don't forget narcotics are also listed for DUI.

LS1nterceptor

iTrader: (6)

DUI applies only to people under the legal drinking age of 21. The only requirement for a 16-20 year old to receive a DUI is that you have any detectable amount of alcohol on you and you are operating a motor vehicle. It does not matter how small of an amount it is. You do not have to be 0.08 or even a 0.01, you just have to have alcohol in your system while driving and it's automatically a DUI. An adult (when referring to drinking age,21) can not be charged with DUI. With a 21 year old you have to have intoxication, not merely alcohol in the system.

Minors can get charged with DWI if the officer wants and can prove intoxication beyond the mere presence of alcohol in the system. Most officers choose to go with DUI because the burden of proof is virtually nothing where as a DWI requires that you prove the person is intoxicated. And if an officer charges a minor with DUI the DA's Office can reduce the charge to DUI if they don't feel they can meet the burden of proof in court.

DWI means you either have lost control of your mental and physical faculties and can not safely operate a motor vehicle, or you are 0.08 or higher. You can be a DWI if you are 0.02 if you are a lightweight and can't safely operate a vehicle at that level. People fail field sobriety testing all the time who are under 0.08.

mitchntx

iTrader: (14)

Also ...

DWI is witnessed by an officer, like when pulled over.
DUI is usually after an incident occurs.

TPRDFW

iTrader: (9)

so you cant recieve a dui if your over 21 and under .08?

-Ross-

iTrader: (2)

I'm not sure if that is correct. It would seem to me if you are over 21 and stoned out of your mind or high on something like meth, you could receive a DUI if pulled over for suspicion (for weaving, etc.).

WildBills Toyota

iTrader: (1)

Guys yall are making it way to complicated.

A DUI is only for people under 21 years of age. If a 19 year old girl has 1 beer and is not over .08 its a DUI. But a under 21 person can still get a DWI if they fail the SFST's and are deemed unsafe to be on the road. But if there not drunk but you can detect any alcohol on them its a DUI

A DWI is for anyone who failes the SFST's and is to drunk to drive

BADMOON

This statement is very true
but this only happens in the state of Texas
For instance in Cali there is no DWI just DUI period its up to the officers discretion if your a minor to let you go or give you a DUI if your under .08

-Ross-

iTrader: (2)

Actually, it looks like you are correct.

Under 21 gets DUI.
21 and over get DWI.

-Ross-

iTrader: (2)

If you blow under .08 AND pass a field sobriety test, you are good to go. However, you will be arrested if you fail either. You have to pass both.

I've alway heard if you are pulled over after a couple of drinks and have any doubt in your mind wether you'll pass or not, shut the **** up and refuse the tests. After that, get ready to pay some serious coin to a lawyer.

Mike101

iTrader: (3)

if you don't blow you go directly to jail and get and DUI, best way to go

you can still get a DUI if your over the age of 21! believe me

khaos288

iTrader: (9)

the plus side if you know you're gonna fail and you refuse the tests....you pay less than you would if you failed, and your record is cleanER than it would be

01ws6450hp

iTrader: (43)

It all depends on the officer. I had a friend recieve a DUI when he blew a .06 and then told the officer to f**k off. They can arrest you if they feel you can not phiscally or mentally operate a motor vehicle. IE they WILL claim that you were speeding, due to not thinking because the alcohol interferred with your thinking and that is why he got an attitude with the cop. I have seen it personally. The guy was 6'2 weighed 245 had 8 beers in 10 hours, at a family function, was then pulled over for speeding and had an open twelve pack box in the back seat, no open cans or bottles. I watched the video tape of the sobriety test and he failed the walk and turn because the officer started him off on the wrong foot, told him to take 9 steps heel to toe, then take a serious of small steps to the right, and take 9 steps heel to toe back. He pivoted on the turn because he would have had to take a tenth step, turn left, or pivot, so tell me how do you pass that one.

As far as the refusing to blow, unless they have recently changed it, As of July 4th 2008, if you refuse a breath test, they will arrest you and take blood.

khaos288

iTrader: (9)

thats the trick, every law professor i've talked to says you end up sitting in the tank till morning bc they dont care to take blood at 3am or whenever the eff you get pulled over, and by that time you're back down to none or veryyyy little. This is all compared to "holy **** I'm drunk, should I take this breathalyzer??" where you will have 0 chance of passing lol

allbaugh_04

iTrader: (6)

Um I've heard you can get into a lot more trouble by refusing to comply with the officer. I've even heard that you might have to pay for the blood test that they will force you to take, which is not cheap.

All things that I've heard, I really don't give a ****, i'll try my hardest to not drink and drive, ever...

GulfM3

iTrader: (14)

The advice to blow or not to blow varies by state. In TX I have also heard the same, shut up and don't blow, but I have also heard in other states the penalty is the same or worse if you don't blow. So you may as well blow and pray you come in under .08.

I'll add a story for everyone, I was in Vernal UT where I left a bar after 1 beer (3.2% alcohol) and a cop who was camping out a block away pulls me over for not using my blinker. This is around 8pm, when I roll down the window he claims he smell beer and does the flashlight/pen test. After that he goes to his cruiser and comes back with a "huffer" and tells me to blow till it beeps. I blew a 0.00 and he says thanks for wearing your seatbelt and lets me go, 2-3 more beers and it would have been a different ending. Point is, you can get pulled over for anything, you don't have to be driving dangerously to be pulled over and slapped with a DUI/DWI. I've been a big fan of taxi's since that night.

LS1nterceptor

iTrader: (6)

Not in the state of Texas. It's not illegal for some 21 or over to drive while under the influence of a substance, only while intoxicated on a substance.

DUI is an offense under the Texas Alcoholic Beverage Code and applies only to minors. DWI is an offense under the Texas Penal Code and applies to both adults and minors.

If an officer mistakenly charged an adult with DUI it would have to be dismissed automatically as it isn't an applicable offense to that person.

FIREHAWK #07

iTrader: (1)

A few years ago I was coming back from a downtown club, going 43mph in a 40mph zone. Cop does a u-turn pulls me over.... I had drank a lot, but i knew i wasnt 'drunk'.... had a good buzz. He pulls me out of the car, does the pen-light test, then tells me to stand on one foot and count untill he tells me to stop; he also told me that if i got off balance and placed my foot down to pick up my foot and continue. It was really cold and windy; I started to count and continued until 39sec!! I put my foot down, and asked him do you still want me to continue?? He put me in hand cuffs and took me to jail...

On the way to jail I was talking to them about handguns etc... asked them what they carried etc.. Cop was pretty cool; Proceeded to blow on breathalyzer... did it twice. Cop said i was pretty close, and that he could of held me if he wanted... but he let me go. Good learning experience; wont ever do that **** again.