What is Driving While Impaired, or Driving Under the Influence?
The offense of “DWI” consists of driving, operating or being in physical control of a motor vehicle while you are 1) “under the influence of” alcohol, a controlled substance or a hazardous substance OR 2) you have an alcohol concentration of over the legal limit, as measured by a breath, urine or blood test within two hours of being stopped by an officer, OR 3) you have any amount of a Schedule I or II controlled substance in your system. Driving, operating or being in physical control of a motor vehicle means you were not simply a passenger in the vehicle, and/or you had access to the ignition key, EVEN IF THE CAR IS NOT RUNNING! If the vehicle’s keys are near you, and you can reach them and turn the vehicle on, you still could be determined to be in physical control of the vehicle. What counts as a motor vehicle? Cars, trucks, a commercial vehicle that you drive for work, motorboats – including any watercraft propelled in any manner by machinery (for example, a canoe is not a motor v
