DWI Offenses - Generally
DWI Offenses - Generally
DWI offenses fall within the following general categories of behavior:
- driving while impaired by alcohol or drugs (also known as “impaired to the slightest degree,” “simple impairment,” or “simple” DWI); or
- driving with a specific statutorily prohibited level of alcohol regardless of demonstrable effect (also known as “per se” or “BAC” DWI); or
- driving while impaired by alcohol or drugs and committing certain additional actions (also known as “aggravated” DWI).
There are three “basic” (i.e. non-aggravated) DWI offenses and three aggravated DWI offenses. The aggravated offenses are based on the same elements as the basic DWI offenses, but involve additional behaviors or actions that are considered to be more egregious and hence subject to greater punishment. What specific DWI offense a motorist is charged with is determined by law enforcement and/or the prosecution based on the facts of the case, the DWI statute or ordinance and, on occasion, case law.
In cases where a motorist submits to either breath or blood testing, or both, the term “BAC” is commonly used by the judge, prosecution, defense and law enforcement as shorthand for the specific alcohol concentration either of those testing methods revealed. For example, the driver’s breath test revealed a BAC of .11. For breath tests, the alcohol concentration is determined by the testing equipment in grams of alcohol in 210 liters of breath, and for blood tests, the alcohol concentration is determined in the analysis by grams of alcohol in 100 milliliters of blood. §66-8-110(E).
The basic DWI offenses are:
- Driving under the influence of alcohol. §66-8-102(A).
- Driving under the influence of drugs. §66-8-102(B).
- Driving with a blood or breath alcohol level of .08 or higher, or .04 or higher when driving a commercial vehicle. §66-8-102(C).
The aggravated DWI offenses are:
- Driving with a blood or breath alcohol level of .16 or higher. §66-8-102(D)(1).
- Driving under the influence of alcohol or drugs and causing bodily injury to a human being as a result. §66-8-102(D)(2).
- Driving under the influence of alcohol or drugs and refusing to submit to chemical testing (breath and/or blood). §66-8-102(D)(3).