Driving While Intoxicated (DWI)

The Difference Between DUI And DWI

Both driving under the influence (DUI) and driving while intoxicated (DWI) are legal terms related to impaired driving. While the difference between the two is an important distinction, the consequences are often similar.

• DUI typically refers to driving with a blood alcohol concentration (BAC) over the legal limit, usually 0.08%. This level is determined by a breathalyzer or blood test.
• DWI is a broader charge involving impairment from alcohol, illegal drugs, prescription medications, or any other substance that affects one’s ability to safely operate a vehicle.

The specific charge (DUI or DWI) depends on:

• The officer’s observations
• Field sobriety tests
• Chemical test results
• State laws

Some states use these terms interchangeably. Ultimately, both involve driving while impaired and carry penalties like fines, license suspension, and potential jail time.

Types Of DWI Charges

If you are charged with a DWI, your official citation will depend on the substance(s) you consumed prior to driving.

Driving Under The Influence Of Drugs (DUID)

This refers to operating a vehicle while impaired by illegal drugs like cocaine, heroin, methamphetamines, etc.

Driving Under The Influence Of Medications (DUIM)

This covers driving while impaired by prescription medications like opioids, benzodiazepines, sleep aids, etc.

Cannabis/Marijuana-Impaired Driving

This is specific to driving while impaired by marijuana or cannabis products, which is treated separately in some states. The key factor is that the driver’s ability to operate the vehicle safely is impaired by the substance, regardless of whether it is an illegal drug or a legally prescribed medication. The charges may vary based on the specific substance involved.

Some states have stricter penalties for DWIs involving controlled substances versus impairment from prescription or over-the-counter medications.

Drugged Driving Laws

Drugged driving is a general term that encompasses driving under the influence of any drug, whether illegal substances, prescription drugs, and over-the-counter medications.

In addition to DUI and DWI, there is legal overlap with “drugged driving” and the corresponding laws. Illegal drugs like marijuana, cocaine, methamphetamine, and heroin, as well as prescription medications like opioid painkillers, benzodiazepines, and sleep aids, all carry the risk of causing mental and physical impairment.

Much like alcohol, many drugs can severely impact motor skills, reaction time, attention, judgment, and perception required for safe driving.

If you are stopped for suspicion of impairment beyond the use of alcohol, you probably will be subject to one or more of the following:

• Advanced roadside impairment examination by certified drug recognition experts
• Blood or urine testing to identify substances and levels in the driver’s system
• Observational indicators like bloodshot eyes, slurred speech, and dazed appearance

According to the National Highway Traffic Safety Administration, drugs other than alcohol are involved in approximately 16% of all motor vehicle crashes. Laws prohibiting drugged driving exist in all 50 states and the District of Columbia. However, the specific definition of what constitutes “drugged driving” varies.

• Six states have zero-tolerance laws, making it illegal to drive with any amount of prohibited drug in your system.
• Most states follow “impaired to the slightest degree” laws considering a driver impaired if there’s any evidence drugs have affected their ability to operate a vehicle safely.
• A few states have laws establishing specific illegal limits for some drugs, similar to blood alcohol concentration levels.

Intoxicated Vs. Impaired

For DWI purposes, there is a distinction between intoxication (having drugs in your system) and impairment (showing signs that drugs affect your driving ability). In most states, intoxication alone is enough for a DWI conviction. However, some states require evidence of impaired driving, such as:

• Failed sobriety tests
• Erratic behavior
• Confusion
• Physical symptoms

While blood and urine tests confirm intoxication, a minority of states mandate proof of observable impairment in addition to the substance’s presence. States like Nevada, Ohio, and Pennsylvania require demonstrating impaired driving ability rather than just the substance’s presence. Conversely, some states have “per se” DUI laws where exceeding legal limits or having illegal drugs constitutes a DUI/DWI regardless of observable impairment.

Consequences Of Driving While Intoxicted (DWI) In Each State

The penalties for a drugged driving conviction vary widely by state but generally increase with repeat offenses.

In general, common consequences include:

• Fines from $300 to $5,000+
• Jail time from a few days to a year or more
• Driver’s license suspension or revocation
• Vehicle immobilization or ignition interlock requirements
• Mandatory drug education or treatment
• Probation

State-by-state DUI penalties include the following:

*Vehicle forfeiture refers to the legal act of taking possession of a vehicle from a person who has violated the law. While it can be a consequence of a DWI charge, it is not an automatic outcome and depends on the severity of the offense, if there are repeated offenses, and local laws.

In some states, even a first DWI offense can lead to felony charges with harsher penalties if there are aggravating circumstances like causing injury or property damage. In others, there are relatively minimal penalties for a first offense of drugged driving. In Minnesota, for example, the first offense is a misdemeanor with no minimum jail time required, a maximum of 90 days in jail, and a $1,000 fine. In North Dakota, the first offense is a misdemeanor with no minimum jail time, a maximum of 30 days, and a $1,500 fine.

States that can impose felony charges for the first offense of drugged driving include Arizona, where the first offense can be charged as a felony if there is a minor under 15 in the vehicle. In Illinois, the first offense is typically a misdemeanor, but it is a Class 4 felony if the driver does not have a valid license or insurance.

In summary, many states levy a misdemeanor charge for a first offense. The charge can quickly escalate if there is child endangerment, an invalid license, injuries caused, or a history of license issues.

How Long Does A DWI Stay On Your Insurance Record?

A DWI is a “major violation” from the insurance company’s perspective. It will likely cause your insurance rates to increase by about 80% on average and, depending on the state, up to 300%.

Your rates will stay high for 3–10 years after the conviction.

Do I Need An SR-22 After A DWI Conviction?

An SR-22 is a form that proves you have state-mandated minimum liability coverage after receiving a major driving violation like a DWI. The form has to be typically maintained for 1 – 5 years and is a separate fee from your regular car insurance coverage. The fee depends on several factors, such as:

• Your location (costs vary by state)
• Your insurance company
• Your driving record
• The number of vehicles you need to be covered

Typical SR-22 costs range from $15 to $50 for the filing fee that your insurer charges to file the SR-22 certificate with the state. However, because you are considered a higher-risk driver, your overall insurance premiums will increase substantially, often $200–$800 or more per year, in addition to the filing fees.

The SR-22 requirement usually lasts three years from the date it is issued as long as you maintain continuous insurance coverage. If your coverage lapses, the three years reset.

The direct SR-22 filing fee is relatively inexpensive. The indirect costs of being considered a high-risk driver can add hundreds or even thousands of dollars to your annual insurance bill while the SR-22 is required.

Is A DWI A Sign That I Have A Problem With Drugs?

Receiving a DWI charge involving drugs does not necessarily indicate you have a substance use disorder (SUD), as there could be various situational factors at play. Life is complicated, and you may find yourself charged with a DWI under unexpected circumstances – for instance, if you took a prescribed medication without being properly informed or aware that it could cause impairment behind the wheel.

That said, multiple DWI charges related to drug use can potentially signal substance abuse and addiction.

Therefore, whenever you find yourself repeatedly engaging in dangerous behavior, such as driving when using any mind-altering substance, seeking professional help is in order. If you face repeated DWI charges involving drugs, it’s crucial to take an honest look at your situation and substance use patterns. Acknowledging a potential issue opens the door to getting the support and treatment you need to regain control and prevent further life-altering repercussions.

Moving Forward After A DWI

A single incident alone does not define addiction, but a recurring cycle of impaired driving could unveil deeper issues worth addressing.

If you are struggling with a substance use disorder and are ready to break the cycle, help is available. Contact a treatment provider today to explore available treatment options.