The terms DWI and DUI are often used interchangeably and in some jurisdictions you aren’t incorrect in doing so. However, the two terms have legally distinct meanings. DWI or driving while intoxicated is operating a motor vehicle after consuming enough alcohol to raise one’s blood alcohol content (BAC) to over the statutory limit. The limit is .08% in most states. DUI or driving under the influence is generally a lesser offense of operating a motor vehicle in a physically or mentally impaired state, especially after consuming drugs or alcohol. In some states, a DUI is commonly associated with a minor driving with alcohol in their system. To be sure on your jurisdiction’s definition, search within the state penal code. You will find specifics which define the rules of driving after having consumed alcohol.
The Difference between DWI and DUI
January 1st, 2009Criminal Intent
December 14th, 2008All crimes except for strict liability crimes require a mens rea. Mens rea is what the accused must have been thinking when he committed the criminal act. The necessary intent is not the same for all crimes. There are several types of intent. Criminal intent is the same as mens rea. With constructive intent it is first asserted that intent is required for all crimes, then it is added that such intent may be inferred from recklessness or negligence. General intent falls under acts forbidden by statute. This falls along the same lines as mens rea and may be used to encompass all forms of mental state. Specific intent designates a special mental element. Occasionally, a person may act with multiple intents. If so, as long as he had the intention required by the definition of the crime, it is of no consequence that he also had some other intention as well.