What is DWI?
DWI is an acronym for driving while intoxicated. A similar acronym, DUI, is used in other states which stands for driving under the influence, and yet another acronym, DWAI, may be encountered which signifies driving while ability impaired. Under section 1192 of the New York State Vehicle and Traffic Law (VTL), the prohibitions against a motorist’s consumption of alcohol or drugs include: • Driving while ability impaired: “No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the consumption of alcohol” (VTL §1192[1]). A first violation of this DWAI provision is a traffic violation. • Driving while intoxicated; per se: “No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva. . . .” (VTL §1192[2]). A first violation of this DWI provision is a misdemeanor. • Driving while int
Apart from the general 0.08% to 0.10% limits, some states have “zero tolerance” limits for young drivers. Most European countries have limits that are far below 0.08%. You may be considered “legally drunk” even though you do not “feel” or look as though you are under any “influence” from the alcohol . You may also be guilty of DUI / DWI for driving when your physical abilities are impaired by drugs or a combination of drugs and alcohol. In the eyes of the law, it makes no difference whether the drug is legal or illegal, prescription or over-the-counter. If taking that drug impacts your senses of seeing, hearing, talking, walking and/or judging distances, you may be guilty of a drunk driving offense.
