DUI or DWI: Is There a Big Difference?

Posted by William H. Sherman on Aug 06, 2014 | 0 Comments

Question: I got arrested in Atlanta for DUI.  I'm a bartender and I know a lot of people.  I was talking with a regular at our Midtown Atlanta club and I think I have a legal defense or at least something that will help me.  The regular and I got to talking.  I told him that I got a DUI.  He said that in New York, where he's from, he had a DUI.  I told him I also got a DUI in New York.  It was something else we had in common.

I know that more than 1 DUI can cause problems here in Georgia.  Then we both realized that in New York it's not a DUI, it's called a DWI.  That could be a huge difference, we thought.  We're not lawyers and I only have a high school degree and my friend dropped out of school in 10th grade to do construction, but we think that could be a big difference.

Since New York calls it a DWI and Georgia calls it a DUI, will that mean the prosecution will just treat it like my first DUI (which, technically, it is)?  Is this a huge technicality?

Answer:Different states use different terms in their legislation to describe driving while impaired by alcohol and/or drugs.  Some common acronyms are DUI, DWI, OWI, OMVI, & DUII; and there are still others.  In Georgia (and elsewhere) prosecutors look for other DUI charges.  Generally, the more DUI charges an individual has, the greater the potential punishments.

If a prosecutor finds that you have another impaired driving charge, they will likely use that to enhance punishments.  That another state uses a different acronym than DUI will matter little.  We would be interested to know how old the prior DWI is.  If it is within, say, 5 years it will have greater weight than a DWI from 15 years ago.

About Us

When you need to speak with an experienced, knowledgeable and caring Atlanta DUI lawyer, we'll be there for you.  Call us anytime at 678-215-4106.

If you have a question for a DUI attorney in Atlanta, email it to us with some supporting facts (the more facts, the better our response) and we'll do our best to address it on our blog.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What our clients say...

“I just wanted to write to say that I feel so lucky to have chosen the Sherman Law Group as my attorneys. I was going through such a very difficult legal situation. It was emotionally charged and draining. But Valerie Sherman and Bill Sherman were so supportive, hardworking and helpful. I loved that the firm was always updating me and letting me know what was going on in my case. You always returned my calls and emails. Thank you all for making it work out great for me.”

What our clients say...

“I wanted to thank you for giving me back my life after many awful months. My family and I want to thank you very much for representing my case. We are so grateful to have such wonderful attorneys like you. I know I can rely on you. We will always recommend you to those who are in need of the services of a law firm. We were so happy and excited this morning as we heard the announcement by the Judge. You are such wonderful people at The Sherman Law Group.”