Driving Under the Influence – Driving While Ability Impaired
Unfortunately, one of the most common crimes on the roads today is a DUI; Driving Under the Influence. That along with its little brother, Driving While Ability Impaired (DWAI), are there to keep our streets as safe as possible from those who shouldn’t be driving, but can cause issues for many who are driving and aren’t under the influence, or think they aren’t.
First of all, lawyers don’t refer to this as “Drinking and Driving” or “Drunk Driving” for a few reasons. The first is that you do not have to be “drinking” to be under the influence. The law considers a driver to be under the influence if he or she is under the influence of “alcohol or drugs or any combination of both.” And just like we tell the kids, “Drugs” means the kind you are thinking of: marijuana, cocaine, methamphetamine, etc., but also includes the ones that your doctor may prescribe you.
“What?!” I hear you say. “But my doctor told me I have to take those, or I’ll die!” That may be true, but if they affect your ability to operate a motor vehicle (or “heavy machinery,” as they are cryptically referred to on the prescription bottle), then you cannot take them before you drive.
“Well, what about coffee?” Those of you who love arguments may be asking. “They are drugs too! And cigarettes, and sugar for that matter!” Again, that maybe true, but generally they are not the kind of drugs that (negatively) affect your ability to operate a motor vehicle.
We also don’t call it “drunk driving” because you don’t have to be drunk to be in violation of the law. The usual rule of thumb that the body can metabolize one drink an hour leads many to think that they will be fine if they have two drinks at dinner and then hit the road. The truth is that everybody metabolizes things differently. Anyone who has seen a teenager wolf down a double meat Chipotle burrito with queso can attest to the mysteries of what goes on inside our bodies. Factors such as your size, age, experience with alcohol and how much you have had to eat all affect how your body does what it does.
Also, many of us think that the law says that so long as our blood alcohol level is less than 0.1% that we are fine to drive. Nope! First of all, Colorado law says that if your blood has more than 0.08% alcohol, then you are presumed to be “under the influence” (that is bad). But remember the little brother I mentioned? DWAI? Well, if your blood alcohol is greater than 0.05% then you are presumed to be “ability impaired” (that is really just as bad).
So what do I do? Well, the easy advice to give is to just act as if you live in Argentina, where you cannot have ANY alcohol in your system if you are driving. If you are going out and plan to have a snifter of port with dessert, just plan to take a ride home with any of the ride share companies, walk, or call your mother.
Next time: What happens if I don’t?
If you have questions about this article or need more information, please contact Patrick Fitz-Gerald.