Driving While Ability Impaired, or DWAI, is a charge used in New York when someone is found to be driving after using alcohol or drugs but with a lower level of impairment than a typical DWI. It’s a serious matter and can lead to real consequences, even though it’s not always considered a crime.
Let’s break it down in simple terms so you can understand what it means, how it’s different from a DWI, and what happens if you’re charged with one.
Understanding DWAI in New York
A DWAI happens when a person is driving with a Blood Alcohol Content (BAC) between 0.05% and 0.07%. That’s below the legal limit of 0.08% for a DWI, but it’s still considered unsafe. Police can charge someone with a DWAI if they believe alcohol or drugs affected their ability to drive, even just a little.
There are actually two types of DWAI:
- DWAI-Alcohol: Involves alcohol only.
- DWAI-Drugs: Involves drugs, either illegal or prescription.
New York State takes both types seriously. The law says if your driving ability is even slightly affected, you can be charged.
DWAI vs. DWI: What’s the Difference?
Both charges involve impaired driving, but the main difference is the level of impairment and the BAC level.
- DWAI: BAC is between 0.05% and 0.07% (alcohol) or impairment is from drugs.
- DWI: BAC is 0.08% or higher, or signs of more serious impairment.
A DWI is usually a misdemeanor, which is a criminal offense. A first-time DWAI is often considered a traffic violation, not a crime, but that doesn’t mean it won’t affect your life.
Is a DWAI a Misdemeanor in New York?
It depends on the situation. A first DWAI offense is usually a traffic infraction, not a misdemeanor. That means it doesn’t go on your criminal record the same way. But if it’s your second offense within five years, or your third within ten years, the penalties go up—and so does the classification.
- Second DWAI: Treated more seriously and may be considered a misdemeanor.
- Third DWAI: Can lead to harsher penalties and longer license suspension.
If drugs are involved, the charge might be more severe right away.
What Are the Penalties for a DWAI?
The penalties for a DWAI depend on how many times you’ve been charged and what the situation was. Even for a first offense, it can be expensive and stressful.
First DWAI (Alcohol):
- Fine: $300 to $500
- Jail Time: Up to 15 days
- License Suspension: 90 days
- Surcharge: Around $260
- DMV Record: Stays for 10 years
Second DWAI (within 5 years):
- Fine: $500 to $750
- Jail Time: Up to 30 days
- License Revocation: At least 6 months
Third DWAI (within 10 years):
- Fine: $750 to $1,500
- Jail Time: Up to 180 days
- License Revocation: At least 6 months
And don’t forget: insurance rates can go up, you may need to take a driving course, and some jobs might see the conviction on your record.
How a DWAI Can Affect Your Future
Even though a DWAI might seem “minor,” it can have long-term effects. It stays on your DMV record for 10 years, and it can appear on a criminal history check. This could make it harder to get a job, especially in fields that involve driving or working with the public.
Some people think it’s easier to just plead guilty and get it over with—but that’s not always the best idea. A DWAI charge might seem like a one-time mistake, but it can lead to bigger problems later, especially if you get another charge.
What Happens if You Go to Court?
DWAI cases are usually heard by a judge, not a jury. That makes the process quicker. Many trials last less than a day. You’re not required to have a lawyer, but having one can help protect your rights and may lead to a better outcome.
In some cases, DWAI charges come from plea deals. For example, if someone is facing a DWI charge, they might be able to reduce it to a DWAI. But once it’s already a DWAI, there usually isn’t a lower charge to take in a deal.
What Should You Do if You’re Charged With a DWAI?
It’s easy to feel overwhelmed or confused when you’re charged with something, especially if it’s your first time dealing with the legal system. A DWAI might not seem like a big deal at first, but it’s important to take it seriously.
A defense attorney can look at all the details—your BAC, the reason for the traffic stop, whether breath tests were used correctly—and help you figure out your best options. Sometimes there are mistakes in the way police handle the arrest or testing, and that could help your case.
Talk to a DWAI Lawyer in Huntington Station, NY
If you’re facing a DWAI charge in Huntington Station or anywhere nearby, you don’t have to handle it alone. The law can be confusing, and the decisions you make now can affect you for years.
Call (516) 650-5875 today to speak with someone who can help you understand your options, protect your license, and work toward the best outcome. The sooner you act, the more choices you may have.