DWI is an acronym that applies to the operation of motor vehicles and a violation of driving laws. DWI stands for driving while intoxicated or driving while impaired. DUI, or driving under the influence, is another acronym sometimes used for the same violation. Every jurisdiction in the United States has a law that prohibits drivers from operating their vehicle under the influence of alcohol.
A DWI offense applies when a driver is stopped by law enforcement and found to have a blood alcohol level at or above the legal limit. The legal blood alcohol concentration (BAC) level is .08, or 8 grams of alcohol per 100 deciliters of blood. Any driver who is stopped for erratic driving or whom an officer suspects has been drinking can be asked to take a breath test or blood test. Refusal of a test for a potential DWI offense is the same as admission of guilt.
During a DWI investigation, once law enforcement has stopped a suspected driver, a field sobriety test will be administered. Field sobriety tests in suspected DWI stops might include a heel-to-toe walk in a straight line, standing on one foot, reciting a portion of the alphabet, and other tasks requiring mental and physical coordination. If a driver fails a field sobriety test, he or she is usually asked to breathe into a preliminary screening device commonly known as a breathalyzer.
If an officer determines that, as a result of a field sobriety test or breathalyzer, the driver should be arrested, he or she is taken to the police station for chemical tests. Typically, the chemical test is a blood test, though in some jurisdictions, the chemical test may be a urine test. A driver who is found to have a BAC of .08 or higher is held in jail until he or she can appear before a judge.
State laws regarding DWI offenses vary slightly, though it is against the law in every jurisdiction to operate a motor vehicle under the influence of alcohol. Laws regarding operation of other vehicles, such as aircraft and watercraft, also vary with the jurisdiction. A DWI charge resulting from use of prescription medication or illicit drugs may also be viewed differently in each jurisdiction or state. Repeat DWI offenders typically loose their driving privileges and may also become uninsurable. The previous: Asking: WHAT IS DUI
Operating a motor vehicle safely is difficult enough when sober, but add the effects of alcohol or other intoxicants and the task can become nearly impossible. A significant number of traffic deaths and serious accidents are caused by alcohol or drug-impaired drivers, although many of them survive the incidents without serious injury. This has led all 50 states to establish strict laws concerning drivers who operate vehicles while intoxicated. In some states, violation of these laws is called DUI, or Driving Under the Influence. Other states refer to this violation as DWI, short for Driving While Intoxicated.
Many state DUI laws were developed in response to federal highway funding mandates. In order to qualify for federal road maintenance assistance, individual states were compelled to define a legal age for alcohol consumption and laws defining the legal level of intoxication for drivers. In general, states established a legal drinking age of 21 years, although some allowed the consumption of low-alcohol beers and wines at age 18. Later federal highway mandates encouraged a uniform drinking age of 21.
If a law enforcement officer observes suspicious driving behavior, he or she can legally perform a traffic stop of that vehicle. A strong odor of alcohol, slurred speech or general incoherence can lead to a field sobriety test to roughly determine intoxication. A DUI charge cannot be issued through suspicion alone, however.
If the driver fails to demonstrate good judgement and motor skills during these field tests, the officer can then ask permission to perform a blood alcohol content test, commonly abbreviated BAC. In a DUI case, the test must show a percentage of alcohol in the driver's bloodstream over a legal limit. In many states, this legal limit for DUI is .10% BAC, although many states have adopted a lower .08% BAC.
The legal BAC for drivers under the legal drinking age can be as high as .02% or as low as absolute zero. If any driver demonstrates a BAC over the legal DUI limit, he or she can be charged with a DUI immediately and booked into a holding cell for at least enough time to become sober again. Some law enforcement officers may use a special breathalyzer to determine BAC, which is seen as less invasive than the standard blood test. Because a person's BAC lowers over time as the alcohol is processed by the body, police officers must gather evidence quickly to establish a DUI charge. DUI suspects may also refuse to take a BAC test or call a lawyer for legal protection from interrogation.
Many states have a progressive DUI policy, which generally means that a first-time offender may not receive the maximum penalty allowed under the law. A judge can use some discretion when sentencing those convicted of DUI, especially if the accused pleads guilty and demonstrates remorse for his or her actions. Generally speaking, a first DUI conviction could lead to a revoked driver's license for up to a year, a substantial fine or community service, and several penalty points when your driving rights are eventually restored. More serious DUI penalties could include prison time, court-ordered alcohol rehabilitation and a lifetime suspension of your driver's license.
