A brief overview on driving under the influence

Driving under the influence is considered to be a criminal offence and does not only consider booze to be a factor in impairment when arresting someone.

Information is provided by impaired driving lawyer Jonathan Lapid, Canada

Driving under the influence, with the acronym of DUI, or in other cases, DWI, which means driving while intoxicated, is a charge that has many consequences attached to it from place to place. These two terms can sometimes have different meanings depending on where you are, but they typically point to the same thing.

Being charged with either of these offences means that you are putting not only your own life at risk, but everyone else that is on the road at the same time as you. A DUI or DWI doesn’t only apply to alcohol either. It can apply to drugs that are being used recreationally, as well as prescription drugs. It’s the best bet to just stay off the road if you are consuming any drug that has the capacity to impair your abilities. Alcohol and drugs both affect the user in different ways, and one is not known to be better than the other.

DUI and DWI terms vary from one location to the next

Both of these terms are related to drunken or impaired driving. There are some locations that will call drunken driving a DUI, and others that refer to it as a DWI. There are cases in the same location that decide to use both terms interchangeably, and this is when confusion arises. A lot of the time, one term is used to refer to alcohol impairment, while the other is used to refer to drug impairment. And then in other cases, DWI is used to refer to someone that is driving under the influence of alcohol and has a blood alcohol content that is over the limit, while the term DUI is used to refer to someone that is being arrested for driving while under the influence of drugs or alcohol.

In locations where both terms are used, DWI most commonly relates to driving while being impaired by alcohol, drugs, or other substances and DUI typically just refers to someone that is driving under the influence of alcohol. Depending on what jurisdiction you are located in, it’s always best to make sure and check.

OUI and OWI

Apart from the terms DUI and DWI, there are still yet other terms used to refer to drunken driving. OUI stands for operating under the influence and OWI stands for operating while intoxicated. OUI is only used throughout three states in the U.S., which are Massachusetts, Maine, and Rhode Island. The term “operating” refers to more than only using the vehicle. If a vehicle is stopped completely and not even turned on, an individual can still be charged for operating under the influence.

Determining impaired driving charges isn’t only based on blood-alcohol concentration

Being charged with any of these different things happens because the officer has concluded that a driver is too impaired to go about safely operating the vehicle. Even if drivers do not satisfy the levels of blood alcohol concentration for legal intoxication, motorists may still be charged for impaired driving (or driving under the influence).

An example of this is that if someone fails to complete a field sobriety test or visibly reveals that they are impaired, they can be charged for driving while impaired. This can even happen if their blood-alcohol concentration falls below 0.08, which is under the legal limit.

Driving under the influence of drugs is impaired driving

If the arresting officer sees you and you visibly look impaired, but the breathalyzer exam indicates that you’re not under the influence of alcohol, they may start to get suspicions that you are under the influence of other drugs instead, which might be impairing your ability to safely operate the vehicle. In addition to other illegal drugs, prescription and nonprescription drugs can also impair a motorist’s ability to drive effectively. The officer who appears on the scene has the ability to contact a Drug Recognition Expert (DRE), and they will assist the officer in performing the tests in determining the impairment.

If the multi-step assessment process of the DRE officer determines that you really are under the influence of drugs, then there is the potential that you will be charged with a DUI or DWI. Depending on what location you are driving in, the charges will reflect that. Just like any other drug, prescription and nonprescription drugs have the ability to affect how someone drives. Even if you haven’t had one drink of alcohol, you can still be at risk.

What are the consequences of driving impaired?

It doesn’t really matter what the actual offence is called in your specific location. If you are pulled over by an officer for driving impaired, you will undoubtedly face dire and severe consequences. In most cases of being convicted or pleading guilty, the driver will lose their licence and pay hefty fines and court fees. If it is your second time driving impaired, you will end up with jail time. In many cases, you will have to do community services and be put on probation. You’ll likely have to participate in defensive driving classes just to get your driver’s licence back. You’ll probably also receive an assessment of your drinking or substance use trends in most areas. Depending on what the assessment indicates, there is a high chance that you will also have to go to an alcohol or drug treatment program. The duration of the program might be just a few Alcoholics Anonymous meetings or be a full treatment facility program.

What are the effects of being convicted of a Dui or DWI?

You’ll probably need SR-22 insurance once you receive your driver’s licence back. Getting this could potentially double or even triple your premium payments, dependent on what location you are in. You will typically pay higher premiums for a duration of three years.

You may also be expected to have an ignition interlock device mounted in your car, depending on the surrounding laws of where you live. Unless you blow into the device, you won’t be able to start your vehicle and it will have to indicate that you weren’t drinking alcohol. The driver will also have to pay for the device and its installation, along with a fee for monthly monitoring.

Being arrested for driving under the influence can result in spending thousands of dollars and turn into an extremely long and time-consuming process to deal with. If you are drinking or doing any type of drug, it’s highly recommended to just not bother getting behind the wheels of the car. In addition, it is not worth putting everyone on the road at risk of getting hurt.

Alcohol impairs your abilities to safely drive a vehicle, and never stepping foot behind the vehicle after any amount of alcohol is the best way in ensuring that you won’t put yourself or anyone on the road in harm’s way. In addition, if you are currently taking prescription drugs that have warnings not to operate a vehicle while taking them, the laws will potentially convict you of a DUI or DWI conviction as well.

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DUI is an acronym for “driving under the influence.” DWI stands for “driving while intoxicated,” or in some cases, “driving while impaired.” The terms can have different meanings or they can refer to the same offence, depending on the state in which you were pulled over.

In any case, DUI and DWI both mean that a driver is being charged with a serious offence that risked the health and safety of himself and others. They can apply not only to alcohol and recreational drugs but also to driving when your prescription drugs impair your abilities. It’s also important to understand that one is not worse than the other and that both can have a big effect on your life.

Use of terms DUI vs. DWI differ from state to state

Depending on state law, the two terms are both used to describe impaired or drunken driving. Some state laws refer to the offence of drunken driving as a DUI while others call it a DWI.

It gets tricky when states use both terms. Quite often, they will refer one to alcohol and the other to impairment by drugs or an unknown substance and the meaning can flip-flop from state to state. In some states, DWI refers to driving while intoxicated of alcohol with a blood alcohol content (BAC) over the legal limit, while DUI is used when the driver is charged with being under the influence of alcohol or drugs.

In other states where both terms are used, DWI means driving while impaired (by drugs, alcohol, or some unknown substance), while DUI means driving under the influence of alcohol. It’s best to check the definitions of the state you’re in.

OUI and OWI

There are other acronyms for drunk driving. OUI, or “operating under the influence,” is used in only three states: Maine, Massachusetts, and Rhode Island. OWI is an acronym for “operating while intoxicated” which is used in some jurisdictions.

The “operating” distinction encompasses more than just driving the vehicle. Even if the vehicle is stopped and not running, someone can be charged with operating under the influence.

Blood-alcohol concentration isn’t the only factor in determining impaired driving

Any of these charges mean the arresting officer has reason to believe the driver is too impaired to continue to drive. In some jurisdictions, drivers can be charged with impaired driving (or driving under the influence) even if they do not meet the blood alcohol concentration levels for legal intoxication.

For example, if you fail a field sobriety test or otherwise show signs of impairment, you can be charged with driving while impaired even if your blood-alcohol concentration is under the legal limit of 0.08.

Drugged driving is impaired driving

If you appear to be impaired by the arresting officer, but your breathalyzer test shows that you are not under the influence of alcohol, he may suspect that you have been using drugs and this is impairing your driving ability. These include prescription and nonprescription medications in addition to illegal drugs. The officer can call a Drug Recognition Expert (DRE) to the scene—or he may be one himself—to perform a series of tests.

If the DRE officer’s multi-step evaluation process determines that you are indeed under the influence of drugs, you can be charged with DWI or DUI. The charge depends on what the state calls the offence of drugged driving.

Taking prescription or nonprescription medications can impair your driving ability. You are at risk of drugged driving charges even when you have not had a sip of alcohol.

Consequences of an impaired driving arrest

No matter what the offense is called in your jurisdiction, if you are arrested for impaired driving, you will be facing serious consequences.

If you are convicted or plead guilty, you will probably lose your driver’s license and pay fines and court fees. For a second offence, you may spend some time in jail. It is also likely that you will be placed on probation and be required to perform community service. To get your driver’s license back, you will probably have to attend defensive driving classes.

In most states, you will probably undergo an evaluation of your drinking or substance use patterns as well. Based on the results of that evaluation, you may have to take part in a drug or alcohol treatment program. That program could range from attending a few support group meetings like Alcoholics Anonymous to entering a residential treatment facility.

The ongoing effects of a DUI or DWI conviction

When you get your driver’s license back, you will likely need SR-22 insurance. This could double or triple your premiums, depending on the laws in your state. On average, you can expect to pay higher premiums for three years.

Also, depending on the state in which you reside, you may be required to have an ignition interlock device installed on your vehicle. You will not be able to start your car unless you blow into the device and it determines you have not been drinking alcohol. This requires that you pay for the device, its installation, and a monthly monitoring fee.

The bottom line is that getting arrested for driving under the influence is a time-consuming and very expensive ordeal. It is, however, 100 percent avoidable. Just don’t get behind the wheel while you are drinking or taking any type of drug. This includes any prescription medications that warn about impaired driving or any that may affect your attention or focus, or cause drowsiness.

A word from Verywell

You can protect your health and safety—as well as that of others—by never driving after drinking any amount of alcohol. Your abilities will be impaired even if your blood alcohol content is below the legal limit.

If you are taking any prescription or illicit drugs, it’s best not to get behind the wheel, either. The laws are in place to avoid potentially dangerous situations that are far worse than a DUI or DWI conviction.