Legal Definitions - driving while intoxicated (DWI)

Driving While Intoxicated (DWI) is a legal term referring to the crime of operating a motor vehicle after consuming enough alcohol to impair one's ability to drive safely, or to raise one's blood alcohol content (BAC) above a legally defined limit.

This offense does not necessarily require a driver to be completely incapacitated; rather, it focuses on whether their alcohol consumption has reached a level where it affects their judgment, coordination, and reaction time, or if their BAC exceeds the threshold set by state law (commonly 0.08% for most drivers, and often a lower limit like 0.04% for commercial vehicle operators). While some states use the term "Driving Under the Influence" (DUI) interchangeably or to denote a different, often lesser, charge, DWI specifically targets impairment due to alcohol.

Examples:

• A driver, after attending a social gathering, gets behind the wheel to drive home. They are pulled over for weaving slightly within their lane. A breathalyzer test reveals their blood alcohol content (BAC) is 0.12%, which is significantly above the legal limit of 0.08% in their state. This illustrates DWI because the driver's BAC exceeded the statutory threshold, making them legally intoxicated regardless of whether they felt fully impaired.
• A professional delivery truck driver has two beers with lunch before continuing their route. Later, they are involved in a minor accident where they misjudged a turn. When police arrive, a breathalyzer test shows their BAC is 0.05%. This is an example of DWI for a commercial driver because many jurisdictions impose a stricter, lower BAC limit (e.g., 0.04%) for individuals operating commercial vehicles, acknowledging the increased responsibility and potential danger.
• During a late-night traffic stop, an officer observes a driver with slurred speech and difficulty producing their license and registration. Although the driver claims they only had one drink, a subsequent breathalyzer test registers a BAC of 0.09%. This demonstrates DWI as the driver's BAC surpassed the legal limit, and their observed behavior provided additional evidence of impairment, fulfilling the criteria for the charge.