It is common to use the terms DWI and DUI interchangeably. However, these terms have different meanings. To make matters more confusing, different states define these terms differently.
In Arkansas, a DUI is for underage drivers. If you are over 18, you can NOT get a DUI. Generally speaking, an underage driver can get a DUI if they drive under the influence of alcohol and blow a .02-.08 on a breathalyzer or are found to be under the influence.
Under the influence is defined by Arkansas law as being controlled or affected by the ingestion of an alcoholic beverage or similar intoxicant, or any combination of an alcoholic beverage or similar intoxicant, to such a degree that the underage driver’s reactions, motor skills, and judgment are altered or diminished, even to the slightest scale, and the underage driver, due to inexperience and lack of skill, constitutes a danger of physical injury or death to himself or herself or another person.
A DWI, is for drivers of all ages, and includes alcohol and drugs. In general, someone who is intoxicated and operates or is in actual physical control of a motor vehicle can get a DWI. This can include blowing a .08+ on a breathalyzer test, or testing positive for a controlled substance on a blood or urine test.
However, the definition of “intoxicated” is much broader than blowing a .08+ on a breathalyzer. Intoxicated is defined by Arkansas law as influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant, to such a degree that the driver’s reactions, motor skills, and judgment are substantially altered and the driver, therefore, constitutes a clear and substantial danger of physical injury or death to himself or herself or another person.
If you have been charged with either a DUI or a DWI, call The Hudson Law Firm, PLLC today to schedule a consultation to discuss your case.
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