What is Driving While Under The Influence (DUI) And Driving While Impaired (DWI)?

The definition of what constitutes Driving while Under the Influence of Alcohol (DUI) or Driving While Impaired by Alcohol (DWI) generally means that a person may not drive, or attempt to drive, any vehicle while under the influence of alcohol or while impaired by alcohol or by any drug, any combination of drugs, or a combination of one or more drugs and alcohol so that he or she cannot drive a vehicle safely.

Impaired driving by consumption of alcohol means being less than intoxicated where consumption of alcohol has affected one’s normal coordination. Intoxication can be proven by a scientific test of evidence that the driver’s blood-alcohol level was above the State’s legal limit of .08 and also by other evidence from which the judge or jury could infer that the driver was intoxicated, such as evidence of the driver’s demeanor at the time of the stop.

Regarding impairments due to drugs, it is generally not a defense that the person charged is or was entitled to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely driving a vehicle. It should be noted that the term “drug” applies to both controlled dangerous substances and to prescription drugs.

In addition to being charged with the alcohol related offenses, it is important to know that the State may also impose subsequent offender penalties, which can apply if you have been previously convicted of an alcohol offense committed in a State other than your State, or in a Federal jurisdiction, such as on Federal grounds (a park, bank, government building), so that if the offense was committed in your State, it would constitute a crime.

Under the Subsequent Offender Statute, a crime committed in another State or in a Federal jurisdiction must be considered a prior offense as if it were committed in that State and it would constitute a violation of an alcohol or drug related driving offenses. This law can also eliminate community service as an option for punishment under the State’s repeat offender laws, thus mandating jail time.

At Trial, the Prosecution will seek to introduce a certified copy of your driving record, as obtained from the Motor Vehicle Administration (MVA), to show any prior convictions for drunk driving, for penalty enhancement purposes.

The laws are harsh because States have a compelling interest in controlling and preventing drunk driving to protect the safety of the public. Driving while intoxicated charges were intended to apply to land anywhere, whether on public highways or on other public land open to traffic and used by the public in general. Therefore, it includes parking lots, private roads or driveways, or any land surface, including a backyard. One can be charged with driving while intoxicated even on private property.

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