Legally speaking is that the difference between DUI and DWI?
The terms are interchangeable basically for the same thing. In NY we have DWI's under the penal law which are classified as any operation of a motor vehicle with a BAC above a .08. In Florida, its the same BAC, same verbiage in terms of the statute , but they just call it driving under the influence, or DUI.
NY has different levels of charges for DWI's-anything between a .03 and .07 is a driving while ability impaired or DWAI (a violation, not a crime which is YUGE for people trying to avoid a record), anything at a .08 to a .17 is the classic misdemeanor DWI (the closer to an .08 the easier it is to argue towards the impaired either because of a bad calibration of the intoxilizer machine, too much time from police encounter to the test, or even something stupid like the client burped while the test was being administered and the more favorable a plea you're going to be offered) and anything from a .18 above is an aggravated DWI which is a freaking pain in the derriere if not impossible to get down to a violation from the misdemeanor.
The local prosecutors office used to have a hard and fast rule of not offering pleas to impaired violations off of dwi's in which the accused refuses a breath or blood test, but I'm finding lately if the client is really willing to hustle in terms of treatment and mitigation, that it's not as unattainable as it used to be. The problem with litigating these things, at least out in the island is unless you can really find a probable cause issue in terms of a bad stop, or bad search, once there's a reading its really hard to get that BAC out of the juries head, so refusing does invite litigation and the prosecutors are cognizant of it/want to create a culture of punishment for not complying with a request to take a test.
I'm assuming Paul Pelosi had no priors. Someone like him who's already in his late 70's with no priors? I wouldn't take 3 years probation unless the Judge made it clear that if I plan on litigating this case
they will sentence them to a jail stint if I lose. I also wouldn't give a excrement about such a client eating a misdemeanor at that point in their lives (not like they have to worry about certain collateral consequences). Really I'd be looking to try and plea them to some sort of outpatient treatment for a misdemeanor conviction but a conditional discharge (no jail, no probation). The license consequences are what they are, there's nothing anyone can do about them, save get an acquittal.
