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Driving while alcohol impaired : a preliminary exploration of the issues and possible approaches.
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  • Abstract:
    Under current Virginia law, a driver who has been drinking but does not have a BAC of 0.10% will likely not be arrested even if his/her driving ability is visibly impaired. A "driving while alcohol impaired" (DWAI) statute would provide law enforcement personnel with a means of detraining those drivers whose ability to operate a motor vehicle is impaired at BAC levels below 0.10%. This report reviews the scientific evidence of effects of alcohol on driving ability at BAC levels less than 0.10% It also examines existing DWAI statutes. Eight states and the District of Columbia presently have such statues, which can be grouped into four categories: DWAI as a lesser included offense of DUI, DWAI as a separate offense which applies only to drivers under 21, DWAI as a separate offense for all drivers, and lowering the presumptive BAC level for DUI. This report considers the advantages and disadvantages of each category, including the constitutionality of age-based classifications, and makes recommendations for further study.
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