DWI vs. DWAI in New York
Some call it driving under the influence (DUI) and some just call it drunk driving, but if you get arrested for drinking and driving in New York, the charges you face will likely either be Driving While Intoxicated (DWI) or Driving While Ability Impaired (DWAI). Both charges can have significant consequences, but they differ greatly in severity and legal implications. Read on as we compare and contrast the two offenses. If you or someone you know is facing either of these charges in Orange County or the Hudson Valley, contact Dupée & Monroe, P.C. for immediate assistance from an experienced and successful Goshen DWI/DWAI lawyer.
What Is DWI in New York?
Driving While Intoxicated (DWI) in New York refers to operating a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. This charge also applies if you are driving under the influence of drugs. A DWI is considered a criminal offense, and a conviction can lead to severe penalties, including:
- Fines: Fines for a first-time DWI offense can range from $500 to $1,000.
- License Suspension: Your driver’s license may be suspended for at least six months.
- Jail Time: You could face up to one year in jail for a first-time DWI offense.
- Other Consequences: You may be required to install an ignition interlock device on your vehicle and attend mandatory alcohol education or treatment programs.
These penalties increase significantly for repeat offenses or if aggravating factors, such as driving with a child in the car, are present.
What Is DWAI in New York?
Driving While Ability Impaired (DWAI) is a lesser charge than DWI and can apply to alcohol or drug impairment. There are different types of DWAI charges:
- DWAI/Alcohol: This charge applies when a driver’s BAC is between 0.05% and 0.07%.
- DWAI/Drug: This charge applies when a driver’s ability is impaired by a single drug other than alcohol.
- DWAI/Combination: This charge applies when a driver’s ability is impaired by a combination of alcohol and drugs.
DWAI is typically considered a traffic infraction rather than a criminal offense (except for DWAI/Drugs or DWAI/Combination, which can be misdemeanors or felonies). Penalties for DWAI/Alcohol include:
- Fines: Fines can range from $300 to $500 for a first offense.
- License Suspension: Your driver’s license may be suspended for 90 days.
- Jail Time: You could face up to 15 days in jail for a first offense.
Like DWI, penalties for DWAI increase with repeat offenses.
Key Differences Between DWI and DWAI
- Severity: DWI is more severe than DWAI, with harsher penalties and longer-lasting consequences.
- Legal Classification: DWI is a criminal offense, while DWAI/Alcohol is a traffic infraction (DWAI/Drug or Combination may be a criminal offense).
- BAC Levels: DWI requires a BAC of 0.08% or higher, whereas DWAI/Alcohol applies to BAC levels between 0.05% and 0.07%.
- Impact on Record: A DWI conviction will appear on your criminal record, whereas DWAI/Alcohol will not.
Defending Against DWI and DWAI Charges
If you are facing a DWI or DWAI charge, it’s crucial to seek experienced legal representation. An attorney can help you understand your rights, assess the evidence against you, and develop a strong defense strategy. Possible defenses may include challenging the accuracy of the BAC test, questioning the legality of the traffic stop, or proving that you were not impaired.
At Dupée & Monroe, P.C., we understand the complexities of DWI and DWAI charges and are dedicated to providing robust defense strategies for our clients in Orange County and the Hudson Valley. We strive to protect your rights and minimize the impact these charges can have on your life.
Contact Dupée & Monroe, P.C., for Help Fighting DWI/DWAI Charges in Orange County and the Hudson Valley
Understanding the difference between DWI and DWAI is essential for anyone charged with impaired driving in New York. The consequences of these charges can be life-altering, affecting your freedom, finances, and future. By knowing the distinctions and seeking experienced legal assistance, you can make informed decisions regarding your defense and work toward a favorable outcome.
For passionate legal assistance with a DWI or DWAI charge in Orange County or the Hudson Valley, call Dupée & Monroe, P.C. at 845-294-8900. Our team of experienced criminal defense attorneys is ready to help you defend your rights and protect your future.
