Legal Definitions - DWI

DWI stands for Driving While Intoxicated.

Driving While Intoxicated (DWI) is a criminal offense that occurs when a person operates a motor vehicle while their physical or mental faculties are substantially impaired by alcohol, drugs, or a combination of both. This impairment makes them unable to drive safely. In many jurisdictions, a person is considered "intoxicated" if their blood alcohol content (BAC) meets or exceeds a specific legal limit (e.g., 0.08%), or if their ability to drive is compromised by any substance, regardless of a specific numerical threshold.

Here are some examples illustrating DWI:

• Example 1: Alcohol Impairment Exceeding Legal Limit

  After attending a company holiday party, Sarah decides to drive home. She has consumed several alcoholic beverages over a few hours. On her way, she drifts out of her lane and is pulled over by a police officer. A breathalyzer test reveals her blood alcohol content (BAC) is 0.10%, which is above the legal limit of 0.08% in her state.

  This is a clear example of DWI because Sarah was operating a motor vehicle while her alcohol level exceeded the legally defined threshold for safe driving, leading to observable impairment (drifting).

• Example 2: Prescription Drug Impairment

  Mark has a prescription for a strong sedative to help with anxiety. Despite being warned by his doctor not to operate heavy machinery or drive while taking it, he decides to ride his motorcycle to the grocery store. While riding, he feels drowsy and disoriented, nearly hitting a parked car. A witness calls the police, and officers observe his impaired coordination and slurred speech, even though he hasn't consumed alcohol.

  This demonstrates DWI due to impairment from a prescription drug. Even without alcohol, Mark's ability to safely operate his motorcycle was significantly compromised by the sedative, making him a danger on the road.

• Example 3: Illicit Drug Impairment

  During a late-night drive, a police officer observes a car swerving erratically and driving significantly below the speed limit. Upon stopping the vehicle, the officer notices the driver, David, has dilated pupils, slow reflexes, and appears disoriented. David admits to having smoked marijuana a short time before driving. A subsequent drug recognition evaluation confirms impairment consistent with cannabis use.

  This illustrates DWI because David was operating a motor vehicle while his faculties were impaired by an illicit drug (marijuana), which significantly affected his ability to drive safely and legally.