Section 6.2

Fundamentals of Criminal Law by Adam J. McKee

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses that pose significant risks to public safety. These terms are often used interchangeably, but they can have different legal implications depending on the jurisdiction. This section delves into the intricacies of DUI and DWI, particularly focusing on alcohol and drug-related offenses.

DUI and DWI Explained: DUI typically refers to driving under the influence of alcohol or drugs, while DWI often means driving while intoxicated or impaired. The specific definitions and legal distinctions vary by state, but both represent a dangerous breach of public safety laws. These offenses are not limited to alcohol; they also include driving under the influence of legal or illegal drugs, which can impair driving abilities.

Drug DWI: With the increasing acknowledgment of drug-impaired driving, laws have evolved to address driving under the influence of substances other than alcohol. This includes prescription medications, over-the-counter drugs, and illegal substances. The complexity of drug DWI lies in the assessment of impairment, as different substances affect individuals in varying ways, and there is no universal measure like the Blood Alcohol Concentration (BAC) used for alcohol.

Legal Consequences: The penalties for DUI and DWI can be severe, including fines, license suspension, mandatory education programs, and even imprisonment. Repeat offenses often result in harsher penalties. In many jurisdictions, the legal BAC limit is 0.08%, but lower limits may apply, especially for commercial drivers and individuals under the legal drinking age.

Public Awareness and Prevention: Efforts to reduce DUI and DWI incidents include public awareness campaigns, stricter law enforcement, and legal reforms. These initiatives aim to educate drivers about the dangers of impaired driving and enforce laws that protect public safety.

In this section, we will explore the nuances of DUI and DWI, including the legal definitions, the effects of drugs and alcohol on driving, enforcement strategies, and the impact of these offenses on individuals and society. Understanding the gravity and consequences of impaired driving is essential for promoting safer roads and responsible driving behaviors.

Modification History

File Created:  07/17/2018

Last Modified:  12/01/2023

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This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.

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