Have you ever wondered about the difference between DWI and DUI? If so, imagine you’re walking a tightrope while holding a pole for balance, but the pole has a single beer tied to one end and an entire case tied to the other. Sure, they both change how you balance the pole, but one will make things much harder than the other.

States that differentiate between DUIs and DWIs usually do so based on the quantity or type of substance found in the driver’s system when they’re pulled over. However, just like falling from a tightrope, the consequences of either can be severe. Penalties can include jail time, steep fees, and losing your license, to name a few. 

To help illustrate the difference between DUI and DWI, the following article will compare their definitions, examine the applicable laws and penalties in Missouri, and go over what to look for when choosing a DWI lawyer to act as your safety net. 

DWI vs DUI

DUIs and DWIs are often used interchangeably, but the two terms can actually have different meanings based on the quantity or type of substance in the driver’s system:

• What is a DUI? – Generally, driving after ingesting any amount of alcohol, controlled substances, or drugs.
• What is a DWI? – Typically, driving after ingesting so much alcohol, drugs, etc., that there’s a substantial impact on the ability to drive (i.e., being “intoxicated”).

When trying to determine if someone is driving under the influence or driving while intoxicated, states often use a “legal limit” based on the driver’s BAC. Almost every state in America uses a BAC of 0.08% as its legal limit, except for Utah, where the BAC limit is 0.05%.

Missouri DWI Laws

In Missouri, there are no DUI laws, only DWI laws. This is because Missouri includes the term “under the influence” in its DWI definition: 

“A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.”

– Revised Statutes of Missouri (RSMo) §577.010

This means that even if you’re not legally drunk (i.e., have a BAC over 0.08%), you can still get a DWI if you’re pulled over with any trace of alcohol, drugs, etc. in your system. However, if your BAC is over 0.08%, you risk also being charged under RSMo §577.012 (Driving with Excessive Blood Alcohol Content).

Missouri also has a zero-tolerance policy for drinking and driving under the age of 21. In other words, if you’re under 21 years old and caught driving with a BAC of 0.02% or higher, you’re automatically charged with a DWI. 

DWI Penalties in Missouri

The punishments for a DWI in Missouri can escalate quickly, depending on the facts of a case and the individual’s driving record. The most common types of penalties are jail time and fines:

DWI convictions can also have other negative consequences, such as losing your driver’s license, increased insurance rates, and having to install an interlock device on your car. The use of these punishments similarly varies based on the nature of the case and the individual’s driving record.

Suspended Sentence

Missouri’s DWI laws allow for a “Suspended Imposition of Sentence” (SIS), which means the court will delay sentencing the driver if the driver pleads guilty and complies with certain orders (e.g., two years of probation, no drinking, random alcohol tests, etc.) If the driver successfully meets the court’s conditions, no further sentencing will occur for that case.

In Missouri, this option is usually only used for first-time offenders or minor charges against a driver with an otherwise clean record. 

Finding a DWI Lawyer

If you’re facing DWI charges in Missouri, you have a few options. You can choose to defend yourself, have the court assign you a public defender, or hire an experienced DWI attorney. If you go with the third option, hiring someone as soon as possible is very important. This will give you and your lawyer as much time as possible to work on your defense.

During your search, you’ll probably see a lot of ads or websites for “DWI Lawyers Near Me,” but there are a few things to look for before choosing one:

• Experience – Focus on seasoned attorneys with a substantial history of handling and winning DWI cases in your area. Ones who are familiar with the judges, prosecutors, police officers, and legal nuances likely to be involved in your case.
• Specialization – Similarly, look for an experienced lawyer who focuses mainly on DWI cases. Again, they’ll have a more thorough understanding of Missouri’s DWI than someone who dabbles in a dozen practices.
• Professionalism – Finally, make sure the attorney you choose has a good record with professional and governmental organizations (e.g., the Missouri Bar). This means no history of disciplinary problems or unethical behavior that could influence their ability to defend your rights. 

Regardless of which lawyer you choose, meet with them before hiring them so you can ask about their qualifications and how they would approach your case. Hiring an attorney is an extremely important decision, so whomever you hire should make you feel comfortable and safe. 

Conclusion

The legal tightrope you have to walk when facing a DWI charge in Missouri can be overwhelming and confusing. Even balancing yourself with the knowledge of what separates a DUI and DWI isn’t a guarantee you’ll make it across safely. But having a solid and trustworthy net waiting to catch you can make all the difference in the world. 

An experienced DWI lawyer will be able to navigate your case, defense, and trial far better than if you try to go it alone. If you’re facing potential DWI charges, don’t hesitate to look for an attorney and set up a consultation. To have the best chance at defending your rights or minimizing your sentence, they’re going to need your help and honesty every step of the way.