Most New Yorkers are aware of what a DWI charge is. It means driving while intoxicated, and it’s one of the most common ways for a generally law-abiding citizen to get a criminal record.
Yet, what about a DWAI? Have you heard of that?
Driving while ability impaired: A charge many don’t understand
DWAI stands for driving while ability impaired. A lot of drivers focus on staying below the 0.08 % blood alcohol limit, at which a DWI will be automatic if stopped and tested by the police. They think it is fine to have one or two alcoholic drinks, as they will usually (but perhaps not always) be below the limit if this is all they consume. However, if you blow between 0.05 % and 0.07% BAC, it gives the police officer grounds to ticket you with DWAI.
While it is not quite as serious as a DWI, a DWAI for a lower amount of alcohol can still be problematic. You’ll still face a license suspension and a fine, and jail time is still possible. Repeated offenses within a certain period could end up with you facing misdemeanor charges, too.
Drugs can complicate things further
The police can also issue DWAI charges for those impaired by drugs or by a combination of drugs and alcohol, and repeated offenses can lead to felony charges.
If you wish to challenge a DWI, a prosecutor might try to strike a deal where they’ll drop the charge if you accept a DWAI ticket without argument. It’s not necessarily something you want to accept. With legal guidance to understand what other defense options you might have, you can determine how best to respond.