An Overview of Driving While Intoxicated (DWI)

Drunk driving is commonly known in some states as driving while intoxicated (DWI), while in others it is referred to as Driving Under the Influence (DUI). Still, others use the term Operating Under the Influence (OUI). DWIs and DUIs are synonymous with heavy penalties with the trends pointing to even tougher sanctions in the future. But what constitutes a DWI charge?

Driving While Intoxicated (DWI)

A DWI law not only prohibits driving over the legal limit of an alcoholic beverage, but driving under the influence of a drug and/or driving under the combined influence of any drug (illegal or legal) and alcohol as well, irrespective of blood-alcohol level. To prove that a person is guilty of the offense of driving under the influence, the following elements must be proven:

That the person in question drove the vehicle, i.e. controlled and steered it while it was in motion
That the person must have been under the influence in that his or her ability to drive safely was affected appreciably by having consumed alcohol, ingested a drug, or combined drugs and alcohol. It is, however, important to note that some people’s driving may be impaired even by just consuming a relatively small amount of alcohol or drugs.

Despite the definition being made clear by these factors, many who are charged with DWI have common excuses, such as a fellow passenger was in control of the vehicle but forced the defendant to switch seats before the police officer arrived at the scene. Alternatively, another argument that could be presented is that even though the defendant was drinking at some point in the day, the alcohol was yet to enter or had already left their bloodstream when they were driving. These arguments are ineffective and should not be given to an officer in the event of a traffic stop.

Felony DWI

While some DWIs (for instance, first offences) are usually considered misdemeanors, there are circumstances in which the crime can be bumped up to a felony, which results in more serious consequences. If a driver injures or kills someone while driving while intoxicated (or registering a blood-alcohol level higher than .08% or higher in certain states), then the person could be guilty of a felony resulting in a prison sentence for several years. Additionally two, prior misdemeanor convictions under the influence or with a blood-alcohol level of over .08% can result in much longer prison sentences.