DWI and DUI
Criminal defense lawyers represent and defend drunk drivers, but there are also personal injury lawyers to defend a plaintiff. The kind of legal counsel a person needs depends on the kind of situation he or she is in. For example: if the individual has been in a car wreck and was driving under the influence, thus and deemed to have caused the accident, the driver would need criminal defense counsel. If a person were injured in a collision and was the victim of a driver who was under the influence, that person would need plaintiff’s counsel.
Criminal defense or not, it is still a crime to drive a vehicle while under the influence of drugs or alcohol. The legal level of blood alcohol content (BAC) is determined by each state. Similarly, the offense of DWI may also be referred to as driving while under the influence (DUI), driving while impaired (DWI) and in some instances, wet reckless driving. Pleading down to wet reckless driving still means facing the same kinds of fines applicable for DUI.
Defending a DUI means legal counsel needs to deal with complex medical and scientific concepts and expert witnesses. They also need to deal with any physical evidence that may come in the form of a urine, blood or breathalyzer test. If there is solid evidence proving the driver was intoxicated, it is harder to win a case. On the other hand, if law enforcement does not have physical evidence because a person refused to take a test, the lawyer may be able to plead the case down.
The usual and most well known BAC point that indicates DUI is .08 percent. However, just about all the states consider drivers under 21 years of age to be DUI if their BAC is at or over .01 percent or .02 percent.