DWI vs. DWAI in NY: Understanding the Legal Differences and Penalties
If you’re pulled over in New York for driving under the influence, you might hear the terms DWI or DWAI. These may sound the same, but they mean different things. It’s important to know the difference so you understand what you’re dealing with.
What Is a DWI?
DWI means Driving While Intoxicated. This charge is used when your blood alcohol level (BAC) is 0.08% or higher. A DWI is a crime, not just a traffic ticket.
DWI Penalties:
- Up to 1 year in jail
- Fines between $500 and $1,000
- Driver’s license suspension for 6 months
- May need to install an ignition interlock device
If your BAC is very high (0.18% or more) or you’ve had past offenses, the penalties can be worse.
What Is a DWAI?
DWAI stands for Driving While Ability Impaired. There are two types in New York:
- DWAI-Alcohol: BAC is more than 0.05% but less than 0.08%
- DWAI-Drugs: You drove while under the influence of drugs, even legal ones
DWAI is usually a traffic violation, but DWAI-Drugs is a misdemeanor.
DWAI-Alcohol Penalties:
- Up to 15 days in jail
- Fines between $300 and $500
- License suspension for 90 days
DWAI-Drugs Penalties:
- Up to 1 year in jail
- Higher fines
- Longer license suspension
Main Differences
- A DWI is more serious and is a crime
- A DWAI may be a traffic violation or a misdemeanor
- DWI comes with harder penalties and longer license suspensions
Charged with DWI or DWAI? Call Burger Law Today
A DWI or DWAI charge can affect your life in big ways. You could lose your license, spend time in jail, or pay big fines. Burger Law knows how to handle these cases and protect your rights.
Call Burger Law now to talk with an experienced DWI lawyer in New York. We’re here to help you every step of the way.
This post was written by a professional at Burger Law. https://dwihudsonvalley.com delivers reliable legal representation to individuals and businesses throughout Poughkeepsie, NY, and the greater Hudson Valley. Led by Anthony P. Burger, our firm offers personalized, results-oriented counsel in areas such as Traffic & DWI Defense and Corporate Law. Whether you’re navigating a legal challenge, purchasing real estate, or starting a business, we provide honest advice and strong advocacy every step of the way. At Burger Law, we value integrity, clear communication, and achieving the best possible outcome for every client. Contact us today to get the legal support you need.
