DWI And Its Consequences

You are probably familiar with the acronyms DWI and DUI, as well as with their meanings, but how about OWI?

Acronyms that describe drivers operating a vehicle while under the influence of alcohol or drugs vary by case and state.

Originally, DWI referred to the term "driving while intoxicated." Later, when drug usage became an acknowledged factor, the term "driving under the influence" or DUI was coined. In Wisconsin, drunk driving charges are known as OWI, for "operating while under the influence," comparable to the DUI acronym used in other states. The modified definition for DWI now includes Driving While Under the Influence and  Driving While Intoxicated.

In my novel, For Every Action, a third-year law student (who is researching a case set for trial) raises the topic of DWI, driving while intoxicated. His DWI case involves an accident caused by a drunk driver whose passenger was injured during the crash.

 

THE STUDENT'S HYPOTHETICAL TRIAL CASE  


Scales of Justice

The attorneys representing the driver and his passenger become embroiled in an argument over who is to blame for the passenger's injuries. Common sense would seem to dictate that the driver is responsible for any injuries incurred due to his impaired driving. However, the driver's lawyer states that the passenger is partly to blame because he knew when he entered the vehicle that the driver was intoxicated and therefore made the personal choice to place himself in harms way.

This scenario creates an interesting debate: Comparative Negligence versus Assumption of Risk. But regardless who is to blame, everyone suffers the consequences.

DEALING IN FACTS

December has been designated National Drunk and Drugged Driving Prevention Month, a time to raise awareness about the consequences of driving under the influence of alcohol and drugs. For further information, click on the following link:

http://www.madd.org/feature-stories/december/december-is-national-drunk.html