Ouil or dui
What is the differance between a DWI and a OUIL ? If I had one 15 months ago and it was dropped to a impaired and then just got a OUIL will that be second offence drinking and driving? Should I get a lawyer?
Thanks Scott
6 Answers from Attorneys
Re: Ouil or dui
For you, there is no difference under the law. The penalties for drunk driving 2nd offense are:
$200 - $1000 fine And one or more of the following: 5 days to 1 year jail; 30-90 days comm svc.
Licensing: minimum 1 year revocation/denial
Plate confiscation: Required
Immobilization: Required 90 to 180 days unless forfeited.
Any differences in how your case is resolved depends upon the facts and circumstances relating to your arrest - including the reason the officer made contact with you; your conduct thereafter; test results; and the particular jurisdiction in which you are charged.
You could be facing serious jail time.
A lawyer will be able to evaluate your case and advise you of the most effective ways to minimize your risk of incarceration.
Re: Ouil or dui
Yes, a second drinking and driving offense is a serious matter. The penalties have increased greatly since October 1999. You will be far better off with the assistance of a lawyer who specializes in drunk driving offenses. Feel free to call me at (734) 591-3737.
Re: Ouil or dui
The differences between OUIL and DWI are subtle, and for most practical purposes the answers to your follow up questions are yes, and yes.
The second drunk driving carries with it (among other things) a mandatory drivers license REVOCATION. For most, this is a very significant issue. If there is any way to attack this case, it is undoubtedly in your interest to do so. In most circumstances, this means that you will need the assistance of competent counsel (ie. "a lawyer").
Re: Ouil or dui
You should most certainly obtain representation for this matter. A second offense is serious and if convicted, will result in a revocation of your license. We recommend you contact Dave Gorosh, an attorney in our office. His mobile number is (248) 931-1667. Feel free to contact him at this number.
Re: Ouil or dui
The difference is nominal - what is most important is that it is number 2 within 7 years. This means that your license will be revoked if you are found guilty. Prehaps more importantly, should you recieve a third within 10 years of the first you will be charged as a felon - which has a mandatory 6 month sentance and can be as long as five years.
Do not take any chances, change your habits, lifestyle, or whatever so that you will not find yourself behind the wheel with more than the legal limit of blood alcohol.
You need a lawyer to determine if there is a way to defend this offense, and to further counsel you in regard to number 3.
Re: Ouil or dui
The differences between the two are negligible. The most important issue is that this is your second alcoholic related offense in 7 years. Although, you were convicted of the lesser charge of OWI last year, it still is used against you. Most importantly, there will be a mandatory revocation of your license and immobilization of your vehicle. There are many issues and possible defenses to OUIL. I am available 24 hours at (800) LAW-6685. I will be in the office all weekend and next week. Please call to set up a FREE initial consultation.