What is a DUI and a DWI?
The definition of driving under the influence, a DUI, or driving while intoxicated, a DWI is if a person was operating a motor vehicle in a public place while intoxicated. Operating is effectuating any control over the vehicle and what does that mean? It means you're using the vehicle for its intended purpose. A lot of the times I hear people say well, it was in an apartment complex or it was in a parking lot it wasn't a public place. A public place is actually any place that the general public has access to so parking lot; apartment complex is considered a public place.
There's three ways the state can prove intoxicated. One is a blood alcohol level of .08 or above, two is not having a normal use of your mental faculties, and three is not having a normal use of your physical faculties. So one of the things I like to do is I like to have the client come in as soon as they can and sit down and talk about their case. This allows me to see how the state can prove those four elements. By the client telling me why the officer stopped them, number one that's their reason to contact and then, I can look at whether they were intoxicated, whether they were in a public place, whether they were operating it and these are things we'll talk about when you're in a meeting.