subject: What Is A Dwi? [print this page] DWI is an acronym that refers either to driving while intoxicated or driving while impaired. Most people who are charged with a DWI will be convicted. In all fifty states of the United States of America, the laws against drinking and driving are enforced strictly. Those who are under the influence of alcohol are not legally allowed to operate a motor vehicle.
The Arrest
For an individual to be charged with a DWI, they must be pulled over by a police officer. The police officer will then test the individual in order to determine if they are under the influence. This can be accomplished using a breathalyzer, which will determine if the blood alcohol content of the driver is higher than .08, which is the legal limit. This refers to the number of grams of alcohol in each deciliter of blood.
In most cases, the police officer will either pull over a driver after seeing them swerving on the road, or they will communicate with them after a car accident has taken place. The officer will then ask the driver to take a sobriety test. A sobriety test is done in order to check the agility and coordination of the driver. If they fail this test, they are then asked to take a breathalyzer or blood test in order to determine how much alcohol is in their system.
Results of a DWI
If the driver is found to be guilty of a DWI, this will go onto their permanent record as a misdemeanor. Because this causes an individual to be listed as high risk, it will cause their insurance rates to go up as well. In some cases, depending on the severity of the charge, the driver will be required to serve jail time. In most cases, the driver will be required to undergo an alcohol evaluation. If discovered to have a drinking problem, they will then undergo rehabilitation programs.
The laws are different from state to state, but in most cases after a driver has been charged with a DWI, regardless of whether they have been found guilty, they will have their license suspended for a minimum of thirty days. Until their sentence is complete, their driving privileges will typically be limited.
Severity of a DWI versus a DUI
A DWI is a different charge than a DUI (driving under the influence) in some states. In some states, a DWI charge is administered only if the driver is over the legal limit, with a DUI being for those under the limit. In other states, a DWI and DUI are the same, and in still others one or the other acronym does not technically exist. To be convicted, the prosecutor is required to demonstrate that the police officer had probable cause to stop the driver and test them, and demonstrate that they failed the tests. The police officer does not have to suspect them of drinking to pull them over, but they must have a reasonable reason to pull them over, such as violating other traffic laws.
