driving while intoxicated

Driving while intoxicated is the offense of operating a motor vehicle after consuming alcohol or other substances that impair the ability to drive safely. Intoxication may be established by blood alcohol content (BAC) above the legal limit or by other evidence of impairment. A showing of complete incapacity is not required to support a charge.

State laws specify BAC thresholds. In many jurisdictions, including New York, a driver may be charged with DWI at a BAC of 0.08 or higher, or based on other evidence of intoxication. For drivers of commercial motor vehicles, the threshold is commonly 0.04.

Terminology varies by state. Some states use the term DUI (driving under the influence) instead of DWI, while others distinguish between the two, treating DUI as a lesser charge than DWI.

[Last reviewed in September of 2025 by the Wex Definitions Team] 

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