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Criminal defense

DWI vs DUI

Missouri calls it DWI (driving while intoxicated). Illinois calls it DUI (driving under the influence).

The two states use different names for the same general offense. Missouri uses 'Driving While Intoxicated' (DWI) under RSMo § 577.010. Illinois uses 'Driving Under the Influence' (DUI) under 625 ILCS 5/11-501.

The substantive laws differ in important ways. Missouri has no per-se threshold for marijuana. Impairment must be proved through totality of evidence. Illinois has a per-se 5 ng/mL THC threshold for cannabis DUI. Both states use 0.08% BAC as the alcohol per-se threshold.

License consequences differ too. Missouri's administrative hearing is requested within 15 days of arrest. Illinois's statutory summary suspension is challenged through a Petition to Rescind within 46 days.

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