Westchester DWI and DWAI Defense: Understanding the Difference between DWI and DWAI in New York

Knowing the Terms

Notice: If you are needing to sue for damages or a victim of a crime please reach out to a civil attorney or the police.

DUI & DWAI Meaning

DWI stands for “Driving While Intoxicated,” while DWAI stands for “Driving While Ability Impaired.” Both of these terms are used for the description of actions taken when a person drives under the influence of alcohol, illicit drugs or prescription painkillers.

New York State focuses on the driver’s level of impairment when judging the severity of the DWI.

For DWI, that level of impairment is determined by Blood Alcohol Content (BAC). The legal limits for blood alcohol concentration (BAC) are as follows:

• 0.08% for drivers over the age of 21
• 0.04% for drivers of commercial vehicles
• 0.02% for drivers under 21

DWAI in NY

If a driver has a blood alcohol content between .04 and .07, or they show evidence that they have been mentally or physically impaired, they can be subject to a DWAI charge.

DWAI charges are considered a criminal law violation. If you’ve been charged with this offense, you need a New York DWI defense attorney who’s experienced in handling DWAI and DWI cases. Our NY lawyers at Riebling & Payton, PLLC are ready to help you navigate your DWAI charges. 

Penalties for DWAI Conviction in NY

First DWAI Offense in NY

For a first-time DWAI offense, a person with a DWI might face fines between $500 and $1,000. There’s also a potential for up to one year spent in jail, along with loss of driving privileges for a minimum of six months.

Second DWAI Offense in NY

If a second offense occurs within ten years, the mandatory fine will increase from $1,000 to $5,000. The potential prison term has a maximum of four years.

Third DWAI Offense in NY

For third offenses, a person might face fines of $10,000, prison sentences of up to seven years, and permanent revocation of their license.

If a person has been convicted of multiple DWIs within the last decade, they might be charged with a felony DWI rather than a misdemeanor. This results in additional fines and potential jail time.