Jan 2011 08
DUI vs DWI: Dot the I’s?4
Posted In hearing impairment
Question by Nate D: DUI vs DWI: Dot the I’s?
Thought it was always Driving Under the Influence and Driving While Intoxicated. DUI for suspicion of drug use and DWI for drunks. I recently heard the term “Impaired”. Having driven several times with a missing contact lens, I started thinking of numerous “Impairments”. Is that a valid charge that carries a similar sentence as drunk driving? If the I does stand for Impaired, what are examples?
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Answer by Poppy
The main thing they are talking about is folks that are driving while high from either legal or illegal drugs.
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Different states, different words, same meaning. In NYS it’s DWI – Driving While Intoxicated. Other jurisdictions its DUI, Driving Under the Influence. In NYS the lesser charge is DWAI, Driving While Ability Impaired. Impaired means in the case of NY where .08 and above is DWI, .06/.07 is the lesser charge, a violation of impaired.
Intoxicated and Impaired both mean either Alcohol or Drugs. In the subdivision it would reveal whet the person was intoxicated or impaired with.
Driving without contact lenses probably is a violation. It should say on your driver’s license… It’s not probable cause for being pulled over. If you are all over the road as a result of it, it definitely can be. The I doesn’t mean impaired. The I means influence/intoxication because an officer may not know specifically what you are under the influence of. That’s why they have narco kits/Paz machines to test for substances
It was changed from “Intoxicated” because a defense attorney convinced a judge that “intoxicated” only means drunk on alcohol, as opposed to being high on cocaine, methamphetamine, heroin, et al. So most states have changed it to Driving Under the Influence of Drugs or Alcohol
In New York there are several different DWI laws:
1192-1 is ability impaired < .079
1192-2 is DWI per se .08 or >
1192-2a- aggravated DWI .18 or >
1192-2b with children under 16 in the vehicle
1192-3 DWI based on officers testimony if the breath test was refused
1192-4 drugs
1192-4a- combined influence of drugs and alcohol
They are all referred to as DWI in New York. There are other statutes regarding commercial vehicles that rarely get charged.