DWAI

kjwalker01

Pre-takeoff checklist
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Keith
Nope, not me. I recently interviewed someone that has a recent DWAI. I'd never heard of this before, but here in Colorado (and NY from what I understand) one can be charged with a DWAI (driving while ability impaired) between .05 and .08, at which point it's an automatic DWI. For a lot of people, that's just a couple of drinks with dinner.

Any idea how this would play out with the FAA?
 
Bear in mind that the FAA's limit on BAC is 0.04% (or eight hours since any alcohol). Certainly it would need to be reported on your medical form. If only a single occurrence, it isn't disqualifying. More than one and things get complicated quickly.
 
That's only the limit for FLYING. As far as getting the medical is concerned the DWAI is as good as a full blown DUI as far as what the FAA is going to require. Things get rougher if you have a .15 or no reported BAC, in which case the FAA assumes you're a habitual drunk.
 
Out of curiosity, I looked up DWAI in Colorado. Here is info I found...

Colorado DUI & DWAI Laws: Fines & Penalties: https://dui.drivinglaws.org/colorado.php

Colorado DWAI – Driving While Ability Impaired (article from a law office): https://www.shouselaw.com/colorado/dui/dwai.html
So those will explain things from a criminal law perspective.


But F'Ron is correct that the FAA holds a tighter view under Administrative Law. So if any existing or prospective pilot gets pinched on a alcohol or substance abuse offense while operating a motor vehicle, it is very likely they will need to pay the full piper in full via the HIMS system and possible SI.
 
I never heard of DWAI before.

Heard of DWHUA though....and probably been guilty of that a few times.










DWHUA..... driving with head up a....
 
There are a few states like Colorado. New York has Driving While Ability Impaired and California has the Wet Reckless. The reason the FAA has weasel-worded the questions on the medical to include any license action or educational program is to catch these downgrades. The FAA all considers them "driving while intoxicated or impaired while under the influence of alcohol or drug" with the same broad brush.
 
I call that, "Driving While In A Lexus."
Or a Camry.
Or an Odyssey minivan.
In anything. They're driverless vehicles. There's someone behind the wheel, but they're not driving. Typically they're f*ing with their cell phone instead. I don't think they should be ticketed for it though.


Bumper mounted .50 cals would be better.
 
In anything. They're driverless vehicles. There's someone behind the wheel, but they're not driving. Typically they're f*ing with their cell phone instead. I don't think they should be ticketed for it though.


Bumper mounted .50 cals would be better.
As the fiddy cals would require a long and onerous procedure to procure, I'm all for ticketing.
 
Who hurt you?
Sorry, but I have to agree...the Odyssey mini vans around here are the worst (generally speaking, of course)...driving 10 mph under the speed limit, in the left lane, with their hazard lights on. BTW, what's the point of driving with your hazard lights on in the left lane under the speed limit? We are all very aware of the hazard, with or without the hazard lights.
 
As the fiddy cals would require a long and onerous procedure to procure, I'm all for ticketing.
Back in my days as a road officer, I prolly wrote over 1000 tickets for texting and driving, and in all those stops/tickets, I have exactly ONE person that actually admitted they were texting when stopped. The other 999+ all claimed I was mistaken, or they were using their phones for directions (still illegal if you do it while pushing on the phone in your hand), or dialing (also still illegal), or selecting music (also still illegal if done in your hand), etc. Also funny side note, when I would front them and say, "Oh you were _____ ? (insert dialing/directions/selecting music) Let me see your phone then." They would all, to a T, just say, "I'm not letting you see my phone." Which is absolutely their right, but if they REALLY were just dialing, etc, I wouldn't have written them if they showed me their phone, even though it was still illegal. Of course, I would usually follow them for a mile before stopping them (people texting while driving are oblivious to officers following them), and they must have been dialing China, because they were dialing for a looooooooong time. LOL
 
In my state, and I think most, a DWI or the equivalent does not require that you have a certain BAC, but it is sufficient that you have a certain BAC. All that is required is that your facilities be impaired by drugs or alcohol or you have above a certain BAC. Ilocal municipality earned a lot of bad publicity writing public intoxication tickets without checking BAC and for people who had no intention of driving (think hotel bar). And many a DWI arrest has been made on drivers with BAC under .08. In Texas folks have been surprised that it is the same offense, maybe that's why some states call it something difference.
 
In anything. They're driverless vehicles. There's someone behind the wheel, but they're not driving. Typically they're f*ing with their cell phone instead. I don't think they should be ticketed for it though.


Bumper mounted .50 cals would be better.

"Too close for missiles, switching to guns!"

Who hurt you?

Pretty much every numb-brained ultramaroon driving a Honda "Big-Butt" Odyssey Minivan. Toyota Siennas are pretty bad, as well, along with Lexus Eggs (the ubiquitous Lexus SUV).

Often festooned with stickers on the back advertising the fecundity of the driver and the identity of awesome school their multitudinous issue attend. When they're on the highway, they park in the left lane going 3-under and texting or chatting while playing wing-man to the 18-wheeler in the next lane; when they're on a divided surface street, they take the right lane at the intersection, thus denying everyone behind the opportunity to turn right on the red; and no matter what is happening, they stab the brake pedal at seemingly-random intervals, bearing no relationship to speed or conditions ("I brake for air molecules").
 
That is true of just about any state. .08% or whatever isn't the LIMIT that you're OK below, it's just the point where you are "per se" intoxicated and they don't have to show any other evidence.

In my state, public intox can't be done on the basis of BAC either. While there's a per se limit for driving, there's not one for public intox. You have to show one of the five behaviors listed by the statute.

Then on the other hand, carrying a gun while consuming any amount of alcohol is illegal. No need to even show intoxication.
 
Around here we see a lot of DWO... Driving While Oblivious.

... When they're on the highway, they park in the left lane going 3-under and texting or chatting while playing wing-man to the 18-wheeler in the next lane; when they're on a divided surface street, they take the right lane at the intersection, thus denying everyone behind the opportunity to turn right on the red; and no matter what is happening, they stab the brake pedal at seemingly-random intervals, bearing no relationship to speed or conditions ("I brake for air molecules").

The wife and I have been on a long road trip for the past week, driving from NC to New England and we are now in PA headed back home.

WTF, has happened to people’s ability to drive, to use common sense, and to exercise some courtesy? Holy bat guano! It seems to be getting worse at an alarming rate.
 
The wife and I have been on a long road trip for the past week, driving from NC to New England and we are now in PA headed back home.

WTF, has happened to people’s ability to drive, to use common sense, and to exercise some courtesy? Holy bat guano! It seems to be getting worse at an alarming rate.
They call 'em "smart phones". I call 'em "dumb-@$$ phones". DWO, man.
 
Pretty much every numb-brained ultramaroon driving a Honda "Big-Butt" Odyssey Minivan. Toyota Siennas are pretty bad, as well, along with Lexus Eggs (the ubiquitous Lexus SUV).
Hereabouts, it's usually a Subaru Forester... the state car of Vermont. :D

Often festooned with stickers on the back advertising the fecundity of the driver and the identity of awesome school their multitudinous issue attend. When they're on the highway, they park in the left lane going 3-under and texting or chatting while playing wing-man to the 18-wheeler in the next lane; when they're on a divided surface street, they take the right lane at the intersection, thus denying everyone behind the opportunity to turn right on the red; and no matter what is happening, they stab the brake pedal at seemingly-random intervals, bearing no relationship to speed or conditions ("I brake for air molecules").
Picture the above on a 2-lane highway, and you will have a good idea what driving in Vermont is like a lot of the time. Only it's not 3 under, it's usually more like 10 to 15, regardless of conditions. Anyone going the speed limit will eventually catch up to someone like this, usually with 4 or 5 others lined up behind him, unable to pass safely because of limited visibility.
 
I'd respond intelligently to this thread but I am blind. I just got in from 24 miles of night driving where EVERY opposing driver was unable to dim their headlamps. It's like no one understands the 'blink' request to Please Take Your Highbeams out of Laser Mode.
 
and EVERY deer hunter in the world is a criminal.
I should have been more clear. It's illegal to carry into a business that serves alcohol and drink.

Hunting sober is like fishing... sober.
 
Unless you're an FBI agent doing backflips on the dance floor! ;)
That was in Colorado. Actually, it's even more stupid in that it wasn't it falling out of pants that fired at the bystander, but the fact he fat fisted it picking it up. The guy definitely needs some additional instruction.
 
I in Cali where I used to live, .08 and above you are drunk no matter how well you drive. Between .05 and .079, no presumption is made. So if you were not pulled over for a mover and walked the line, you could be let go. .049 and below, you were presumed not intoxicated.

So .08 is not the standard. .05 is where the DUI comes into play.
 
That was in Colorado. Actually, it's even more stupid in that it wasn't it falling out of pants that fired at the bystander, but the fact he fat fisted it picking it up. The guy definitely needs some additional instruction.

^^^^This. I was shooting on the move in an IDPA training class and I tripped and fell. Not quite a backflip but unintentional gymnastics. The instructor commended me on keeping my firearm pointed down range finger off the trigger no matter what the rest of my body was doing. You have to be so well trained you will automatically keep the firearm safe no matter what, my training to keep it down range overcame my instinct to flail my arms every which way, at least the arm that had the gun.

What that guy did was unforgivable, a very clear sign he needs a lot more training.
 
That was in Colorado. Actually, it's even more stupid in that it wasn't it falling out of pants that fired at the bystander, but the fact he fat fisted it picking it up. The guy definitely needs some additional instruction.

Nah just needs a different job.
 
I should have been more clear. It's illegal to carry into a business that serves alcohol and drink.

Hunting sober is like fishing... sober.

Not in all states.

Someone once said if you can’t be trusted with a gun and a few beers, you probably shouldn’t have a gun.

I’m not a fan of drinking and firearms, but this idea that (mentally stable) people change into different people after a beer is just silly.
 
I in Cali where I used to live, .08 and above you are drunk no matter how well you drive. Between .05 and .079, no presumption is made. So if you were not pulled over for a mover and walked the line, you could be let go. .049 and below, you were presumed not intoxicated.

So .08 is not the standard. .05 is where the DUI comes into play.

Anyone who's dumb enough to testify against his/herself by "walk(ing) the line" gets what they deserve...even if they don't deserve it...
 
In some places, there's no "lower" limit. If you drink anything, and act intoxicated, you can be convicted.
 
I should have been more clear. It's illegal to carry into a business that serves alcohol and drink.

Hunting sober is like fishing... sober.
Not in Colorado - Illegal to hunt under the influence of alcohol or controlled substance. The wildlife folks will bust you for a beer in hand and rifle over the shoulder.
 
In some places, there's no "lower" limit. If you drink anything, and act intoxicated, you can be convicted.

Gotta love the DUI industry moving the goal posts.

If they can arrest you if you’re UNDER a .08 and “act drunk”, then logic demands they should NOT be able to arrest you if you’re OVER .08 and “act sober”.
 
That's not how it works. Nobody has moved any goal posts. This is the way it's been in the past four decades at least. You have a per se limit where you're presumed intoxicated. Otherwise, you can be convicted if they can show evidence of intoxication.
 
Hereabouts, it's usually a Subaru Forester... the state car of Vermont. :D


Picture the above on a 2-lane highway, and you will have a good idea what driving in Vermont is like a lot of the time. Only it's not 3 under, it's usually more like 10 to 15, regardless of conditions. Anyone going the speed limit will eventually catch up to someone like this, usually with 4 or 5 others lined up behind him, unable to pass safely because of limited visibility.

Yep. Found this out this past week. What’s even worse is that they’ll rapidly pull out in front of you just to drive slow. Saw that quite a bit in VT, NH & ME.
 
I should have been more clear. It's illegal to carry into a business that serves alcohol and drink.
As a blank statement, that is incorrect.
It is state law so it depends on where you live.
And I always held NC high on my favoritism list so I really hope that this great red state hasn't banned legal carry in family restaurants where minivan soccermom housewife can order a glass of wine with her salad lunch.
Please tell me y'all (NC) are still cool!
 
Of course, it depends on the state law. I said that in the initial statement.

You can concealed carry in a bar or other establishment serving alcohol in NC, but you can't drink while doing so. Soccer mom better have iced tea.
 
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