Legal Definitions - DWAI

DWAI stands for Driving While Ability Impaired.

This legal term refers to operating a motor vehicle when a person's mental or physical abilities are noticeably affected by alcohol, drugs, or a combination of both, to the extent that they are less able to drive safely than a sober person. While similar to Driving Under the Influence (DUI), DWAI often represents a lower threshold of impairment or a lesser offense in jurisdictions that differentiate between the two. The focus is on the driver's diminished capacity to control the vehicle safely due to the influence of substances.

Here are some examples illustrating DWAI:

• Example 1 (Alcohol): Sarah is pulled over for weaving slightly between lanes late at night. She admits to having two glasses of wine over the past two hours. While her Blood Alcohol Content (BAC) registers at 0.05%, which is below the typical 0.08% legal limit for a DUI in her state, the officer observes her speech is slightly slurred and her coordination is a bit off during field sobriety tests. Given these observations and her BAC, she is charged with DWAI.

  This illustrates DWAI because Sarah's ability to drive safely is impaired by alcohol, even though her BAC is below the higher threshold for a DUI charge. Her weaving, slurred speech, and impaired coordination demonstrate that her capacity to operate the vehicle is diminished.

• Example 2 (Prescription Medication): Mark is driving home after taking a new prescription painkiller for a recent surgery. The medication's side effects include drowsiness and dizziness, which he was warned about by his doctor. He drifts out of his lane and nearly causes a collision with another vehicle. When pulled over, he appears disoriented and has noticeably slow reaction times, though he hasn't consumed any alcohol. He is subsequently charged with DWAI.

  Mark's situation fits DWAI because his driving ability is impaired by the effects of a legal prescription drug. The drowsiness, dizziness, disorientation, and slow reaction times directly affect his capacity to safely control his vehicle, even without alcohol being involved.

• Example 3 (Cannabis): Emily is stopped at a routine sobriety checkpoint. She passes a Breathalyzer test for alcohol, but the officer notices her eyes are bloodshot, her speech is slow, and she struggles significantly with a balance test. She admits to having consumed cannabis a few hours earlier. A drug recognition expert on scene determines she is under the influence of cannabis, which is impairing her motor skills and judgment, leading to a DWAI charge.

  This is an example of DWAI because Emily's ability to drive is impaired by cannabis. Despite not being under the influence of alcohol, the observable signs of impairment—bloodshot eyes, slow speech, and difficulty with balance—indicate that her capacity to safely operate a vehicle is diminished due to the drug's effects.