Understanding the Difference Between DWI and DWAI in New York

Driving While Impaired (DWAI – in lay terms “buzzed driving”) means your ability to operate a motor vehicle has been affected to any extent by the consumption of alcohol. DWAI is a violation, not a crime. Driving While Intoxicated (DWI – in lay terms “drunk driving”) means you are physically and mentally incapable of driving as a reasonable and prudent person due to the consumption of alcohol. Driving While Intoxicated is a crime.

Driving While Impaired (DWAI – in lay terms “buzzed driving”) means your ability to operate a motor vehicle has been affected to any extent by the consumption of alcohol. DWAI is a violation, not a crime. Driving While Intoxicated (DWI – in lay terms “drunk driving”) means you are physically and mentally incapable of driving as a reasonable and prudent person due to the consumption of alcohol. Driving While Intoxicated is a crime.

In New York, the Blood Alcohol Content (BAC) for DWAI is between .05% and .07%. A first time offense of a DWAI can result in:

• A 90 day license suspension
• Up to 15 days in jail
• Up to $500 in fines
• Driver Responsibility Program fees of at least $250 annually for three years

In New York the Blood Alcohol Content (BAC) for DWI is above .08. A first offense for DWI can result in:

• A six (6) month license revocation
• Up to one year in jail
• Up to $1,000 in fines
• Driver Responsibility Program fees of at least $250 annually for three years
• Three (3) years probation
• Mandatory Ignition Interlock

The penalties for DWAI/DWI increase for repeat offenders.

If you have been arrested for a DWI or a DWAI, contact an experienced attorney who can advise you and fight for your legal rights. Call the criminal defense attorneys at the Law Office of McGuire & Pelaez, P.C. today at (631) 348-1702.