What is Driving While Impaired or Driving While Intoxicated

Driving While Intoxicated (DWI), also known as "Operating Under The Influence" (OUI) or "Driving Under The Influence" (DUI), is the most common conviction found on criminal records in the United States. Official reports show that 1% of all licensed drivers are arrested for DWI, with 1 in 2 people being at some point affected by an injury related to a traffic accident caused by drunk driving.

Knowing more about someone's DWI history is critical since the recidivism rate for first-time offenders is 35%, meaning there is a thirty-five percent chance they'll be sentenced for another DWI violation at some point. This rate drops significantly only if the offender takes part in court-directed counseling or educational programs.

Causes of DWI

Driving while impaired is caused by any factor that significantly impairs a driver's ability to follow road safety standards. The most commonly known examples of DWI are alcohol and drug use, but sleepiness or a lack of awareness are also chargeable offenses.

Substance Consumption

Alcohol severely impairs driving skills by making it harder to recognize visual cues like road signs and lines. It also dulls judgment, reaction time, and motor skills, which can turn a manageable event like skidding into a life-threatening emergency.

The Federal legal limit for blood alcohol concentration (BAC) is 0.08 percent. In this condition, a driver's expected reaction time is 120 milliseconds slower than usual. This fraction of a second is more than enough to cause an accident on a busy freeway.

Most jurisdictions also prescribe a "zero tolerance" BAC for drivers with past offenses or known risks.

Recreational Drugs

People use countless legal and illegal substances, but the most commonly cited are marijuana, cocaine, and methamphetamine. These recreational drugs induce an altered mental state and degrade driving ability.

Marijuana, like alcohol, is a depressant that slows coordination and reaction times. However, cocaine and amphetamines are stimulants, making drivers more aggressive. These drugs cause people to make reckless turns, drive at higher speeds, and attempt dangerous maneuvering.

Fatigue

Fatigue causes drowsiness, mimicking the effects of depressants like decreased attentiveness and motor control. Physical reactions like frequent yawning, longer blinks, and headaches add significant risk to any trip. These risks grow exponentially during long, monotonous drives or at night.

The AAA Foundation for Traffic Safety found that over 320,000 crashes occur annually due to drowsy driving.

Driving in an exhausted condition will not result in a DWI unless the driver also engaged in substance use beforehand. However, some officers will cite you for being negligent or unfit to drive.

Lack of Awareness

Many drivers fail to recognize how impaired they are. Drugs and alcohol can prevent people from making rational decisions or taking the time to self-assess their capabilities. However, substance abuse isn't the only problem.

There's an epidemic of "powering through" when we're in a rough condition. Any of the following symptoms are a clue that you should use a ride-sharing service or public transportation:

• Slurred Speech
• Impaired Balance
• Reduced Reaction Speeds
• Short-Term Memory Loss

Many times, these symptoms are only noticed by the people around us. So, keep an eye out for your friends and prevent them from making dangerous decisions.

Consequences of DWI Arrest

Statistics show that more than 30% of motorists arrested for DWI are repeat offenders, with 12.5% of intoxicated drivers who caused fatal car accidents having been previously charged with DWI within the past 3 years. If someone is facing subsequent DWI charges, they could expect serious penalties, which vary from one state to another. For instance:

Repeat drunk drivers could also lose their license for life and spend their remaining days in prison.

What's the Difference Between DUI and DWI?

In the past, law enforcement was only concerned with drunk driving, but the introduction of other drugs highlighted the need to differentiate between DWIs and DUIs.

These distinctions are nuanced and primarily revolve around whether the state chooses to use DUI as a catch-all term for driving with an altered mental state. Jurisdictions that have DWI as a separate term use it to specify charges related to drug use.

Legal BAC Limits Across the United States

There is a Federally imposed BAC limit of 0.08 percent in the US. However, many states have special provisions such as "Zero Tolerance" policies or adjusted penalties based on the driver's level of inebriation.

Zero-tolerance policies apply to niche situations where drunk driving poses a greater risk or breaks multiple laws. They apply to underage drivers and commercial drivers operating larger vehicles like delivery trucks. Zero-tolerance laws exist in every state and range between BACs of 0.0 and 0.02.

Utah is a special case and maintains a lower BAC than the Federal limit. In 2017, the Utah Legislature passed bill HB155, lowering the state's BAC to 0.05 percent. There are other states with penalties for BACs below 0.08 percent despite not charging a DUI.

For example, Colorado and New York charge drivers with a BAC between 0.05 and 0.08 with Driving While Ability Impaired (DWAI). A DWAI generally incurs less severe penalties unless the driver is a repeat offender.

Most states also impose stricter penalties for drivers egregiously over the acceptable BAC. Offenders face more significant fines, extended license suspensions, or mandatory imprisonment. The lowest starting BAC for enhanced penalties is 0.10 in New Jersey.

Is a DWI a Felony?

Most states classify a first DWI offense as a misdemeanor. However, multiple factors can escalate the charge into a full-blown felony depending on the state, including the following:

California, Maryland, New Jersey, and Pennsylvania do not impose felony charges for up to the third DWI conviction. However, this doesn't mean drivers should take the penalties less seriously in these states.

Subsequent DWI charges will result in substantially increased penalties. Fines can surpass $10,000, and jail time may extend into months or years.

The Driving While Impaired Arrest Process

In most states, the protocol for DWI arrests is similar from traffic stop to release. The officer stops you under reasonable suspicion, tests your sobriety according to state standards, and either charges or releases you.

Traffic Stop

Officers can only stop a vehicle with "reasonable suspicion." This policy means that the officer must be able to explain why they thought someone was breaking the law using only the facts available before they initiated the stop.

For example, the officer could stop someone they witnessed stumbling out of a bar. They could also stop vehicles swerving out of lanes or driving overly recklessly. Reasonable suspicion is a lower standard of proof than probable cause and can be justified in countless ways.

The officer signals the driver to pull over to a safe location. On highways, you must pull over at the next available exit. They will then ask for your license and paperwork and explain the reason for the stop.

Field Sobriety Tests (FSTs)

Field Sobriety Tests measure a driver's level of impairment. These are standardized tests and cannot be changed at the officer's whims.

There are three types of sobriety tests: the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus test. Each test measures balance, ability to follow directions, and involuntary reflexes.

The instructions are simple, and deviations outside the norm are easily noticed, indicating signs of intoxication. Performing poorly in an FST does not automatically indicate impairment, but it does give the officer probable cause to escalate the situation.

Not all states require you to submit to a sobriety test. Sometimes, an officer has already decided to arrest you for a DWI and wants to see you fail the test for additional evidence.

Breathalyzer and Chemical Tests

Breathalyzer tests are the easiest and quickest method to measure someone's BAC. The subject blows moderately into the machine, and it will measure the amount of alcohol in your blood.

Urinalysis is the least accurate method for BAC testing. The officer takes your urine and tests it for the presence of alcohol or drugs. However, drugs are detectable in urine for a long time, much longer than they cause impairment. This means that you could be sober while driving but still produce a positive urinalysis result.

Blood testing is the most accurate and invasive BAC test. It directly tests the amount of alcohol in the bloodstream, and the results are extremely difficult to fight in court.

Many states do not require drivers to submit to a breathalyzer or urinalysis test. However, it's not difficult for an officer to get a warrant for a more invasive blood test.

Aggravated DWI

Although a misdemeanor, an Aggravated DWI is a more severe offense than a regular DWI, applicable to drivers caught with a BAC of at least 0.18. As a new type of DWI, Aggravated DWI has different plea-bargaining limitations and harsher penalties. For a first Aggravated DWI conviction, the perpetrator can be punished with license revocation for at least one year, a fine between $1,000 and $2,500, and up to one year in jail. Aggravated DWI could be elevated to a felony conviction. If someone commits an additional Aggravated DWI within 10 years of a prior charge or conviction for alcohol-related crimes, they could be charged with a Felony Aggravated DWI.

DWI Expungement Can Erase Criminal Records

In general, it's possible to remove a DWI from someone's criminal history, although there are some states (such as Texas, for instance) that don't remove DWI convictions at all. The process of having a specific entry "deleted" from someone's criminal record is called "expungement". Depending on the jurisdiction and the specifics of every case, if a misdemeanor DWI was dismissed, the offender could be eligible for filing an expungement petition, as long as they're not charged with a felony or with another crime following the same arrest. The filing admin fees are up to $120, on top of the attorney fees.

Which States Have Specific Laws for DWI?

Aside from Utah's lower BAC limit, many states have unique DWI laws to protect citizens better or respond to local statistics.

For example, New York's Leandra's Law sets severe punishments for impaired driving while a child younger than 16 is in the vehicle.

First offenders typically receive a misdemeanor charge, but the Leandra's Law escalates the crime to a class E felony. The crime is further upgraded into a class B felony if the child dies in an accident while the driver is intoxicated.

New Jersey doesn't classify DWIs as misdemeanors or felonies. Instead, the state marks them as traffic violations, appearing on the offender's driving record. These are often called "Quasi-Criminal Offenses" because, while there's no trace on criminal records, DWIs do come with significant penalties.

Some areas of Texas have events called "No Refusal Weekends," during which law enforcement keeps a closer eye out for DUIs. These weekends fall on major holidays or sporting events when it's more likely for people to drink or use substances.

Despite the name, citizens are still allowed to refuse BAC testing. However, officers are more willing to get a warrant for blood tests at these times.

Non-Disclosure of DWI Records

Non-disclosure is a legal process that limits access to DWI records under certain conditions. The records are not sealed but removed from the public record, making them harder to find during background checks.

Eligibility Criteria for DWI Non-Disclosure

The conditions for DWI non-disclosure varies by state, but common criteria include:

• First-Time Offenders: Non-disclosure is typically restricted to first-time offenders and those without prior alcohol or drug-related crimes.
• No Bodily Harm: Generally, the DWI cannot have resulted in a crash or bodily harm to another person.
• Completion of Sentence: Applicants must pay all penalties and serve their sentence before being considered for non-disclosure.
• Minimum BAC Measurement: Extreme BACs during arrest may disqualify applicants. This is typically equal to the state's standard for enhanced penalties.
• Completion of Education Program:Some states require the completion of a sponsored rehabilitation program as a prerequisite for non-disclosure.

Putting a non-disclosure on DWI records can improve employment and housing opportunities. It helps offenders escape the stigma of substance abuse but does not erase the crime.