The Difference between DWI and DWAI in New York

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

  1. Knowing the Terms

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

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 defense attorney who’s experienced in handling DWAI and DWI cases.

  1. Penalties for Conviction

For a first time 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.

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.

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.

  1. Sobriety Tests

Three different types of sobriety tests might be performed by an arresting officer.

The first is a field sobriety test, in which the officer might ask the person to walk a straight line or state the alphabet backward.

A screening test is the second option. Screening tests are administered through the use of portable breath tests.

The third option are Chemical tests which are designed to detect the blood alcohol concentration of a person by using their blood. A chemical test must occur in the two hour period following the arrest.

It’s possible for false readings to occur with a breath test. Breath sprays, cough syrup, and mouth washes all have the potential to produce a false reading. It’s also possible for a person’s body temperature to affect the reading. Depending on the circumstances, a New York State court might throw out the results of a breath test because of the unreliability.

This is part of the reason that hiring a defense attorney is critical. Defense attorneys understand the way that DWI and DWAI cases are tried. They can ask the right questions, analyze the facts of your case, and make sure that all the rules were followed when your breath test was administered.

There are a number of options available for people who have been charged with DWI and DWAI. When you get in contact with an attorney, they can help you understand your options and make the best decision going forward.

Stephen J. Riebling, Jr. and Marcia Payton are criminal defense attorneys at Riebling & Payton, PLLC, located in Westchester County, NY. They have handled countless DWI and DWAI cases, resulting in dismissals and reductions throughout New York State. To learn more about how they can help and their approach to defending DWI and DWAI cases please call at (914) 712-6878.

  • Marcia  Payton Photo
    Marcia Payton
    Marcia began her legal career by working as an Assistant District Attorney in New York City, prosecuting criminal cases in the country's finest and most highly regarded District Attorney's Office - New York County. It was here that Marcia worked with police officers and detectives and learned how a criminal investigation is handled from arrest to trial. Marcia successfully prosecuted thousands of criminal cases while working in the Office of Special Narcotics in New York City, presenting ...
  • Stephen J. Riebling Photo
    Stephen J. Riebling
    “The Court has to say, I have been impressed by Mr. Riebling’s knowledge … and his grasp of the records in this case. It is beyond any that I have seen in any kind of a case similar to this. I am just saying, it’s part of my thinking that someone with your knowledge would be able to understand these things certainly better than I am and perhaps most laymen or even attorneys…” - Westchester Supreme Court Judge Robert Neary Judge Neary was the presiding judge in the murder trial of Lacey Spears. ...

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