Driving while impaired (DWI) charges are relatively common. People may face DWI allegations after a traffic stop or a collision. Depending on the circumstances, penalties can range from fines and driver’s license suspension to jail time.
There are multiple different situations in which the state can allege that a driver committed a DWI offense. The three scenarios below account for the vast majority of DWI cases.
1. When alcohol affects traffic safety
Drivers may face DWI charges because there is video footage of them driving poorly. People may call to report concerns about an intoxicated driver if they notice someone swerving or driving erratically.
Police officers can also document impaired driving by following people with their dashcams running. Involvement in a crash can also lead to questions about a driver’s capabilities and whether intoxication contributed to the wreck.
2. When drivers have high blood alcohol levels
Some people consume alcohol regularly enough that they don’t appear intoxicated after drinking. They may drive in a relatively normal and predictable fashion. However, if they fail a chemical test, the state can bring charges based solely on their elevated blood alcohol concentration (BAC). For most adults, test results showing a BAC of 0.08% or higher could be the only evidence the state needs to bring DWI charges.
3. When driving after using drugs
There are prohibited drugs that are illegal for anyone to use or possess. There are also hundreds of prescription drugs that people can only use while under the care of a physician. Even legal prescription medication can warrant a DWI charge. Any substance that can affect driving capability could lead to a DWI charge against a motorist.
The basis for DWI charges influences the best defense strategy. Reviewing the state’s evidence with a lawyer can help DWI defendants explore their options before they go to court.
