Legal Definitions - driving while intoxicated

Driving while intoxicated (DWI) is a crime that occurs when someone drives a motor vehicle after consuming enough alcohol to raise their blood alcohol content (BAC) above the legal limit. It is not necessary for the person to be completely drunk to be charged with DWI. Each state has its own laws that determine the level of BAC at which a person is considered to be under the influence of alcohol. For example, in New York, a driver can be charged with DWI if their BAC is .08 or higher, or if there is other evidence of intoxication. For commercial drivers, the limit is .04 BAC or other evidence of intoxication. Some states use the term DUI (Driving Under the Influence) instead of DWI, while others differentiate between the two charges, with DUI being a lesser offense.

• A person goes to a bar and drinks several beers before getting behind the wheel of their car. They are pulled over by the police and their BAC is found to be .10. They are charged with DWI.
• A commercial truck driver has a glass of wine with dinner before getting back on the road. They are pulled over for a routine inspection and the officer smells alcohol on their breath. A breathalyzer test shows their BAC is .05. They are charged with DWI.

These examples illustrate how DWI can occur when a person drives a vehicle after consuming alcohol and their BAC is above the legal limit. It is important to remember that driving while intoxicated is dangerous and can lead to serious consequences, including accidents, injuries, and even death.