While Driving While Intoxicated (DWI) grabs headlines, Driving While Ability Impaired by Alcohol (DWAI/Alcohol) is another charge New York drivers need to understand. It’s a less severe offense than DWI, but it still carries significant consequences. Let’s break down what DWAI/Alcohol means and what you should do if you’re facing this charge.
What is DWAI/Alcohol?
DWAI/Alcohol means that your ability to drive was impaired by alcohol, but your Blood Alcohol Content (BAC) was between 0.05% and 0.07%. It can also be charged if a police officer believes your driving is impaired even with a BAC below 0.05%. This is a critical distinction from DWI, which requires a BAC of 0.08% or higher.
How DWAI/Alcohol Differs from DWI
While both charges involve alcohol-impaired driving, the key difference lies in the level of impairment and the BAC. DWAI/Alcohol is considered a traffic infraction, while DWI is a criminal offense. This distinction leads to different penalties.
The Consequences of a DWAI/Alcohol Conviction
Although less severe than a DWI, a DWAI/Alcohol conviction still has consequences:
- Fines: You’ll face fines, though typically lower than those for a DWI.
- License Suspension/Revocation: Your license can be suspended, though often for a shorter period than with a DWI.
- Mandatory Programs: You may be required to complete a Drinking Driver Program (DDP).
- Points on Your License: You’ll receive points on your driving record.
- Increased Insurance Rates: Your insurance rates will likely increase.
Why DWAI/Alcohol is Still Serious
Even though it’s a traffic infraction, a DWAI/Alcohol conviction can still impact your life. It can affect your insurance rates, your driving privileges, and your reputation. Additionally, repeat DWAI/Alcohol offenses can lead to harsher penalties, potentially escalating to DWI charges.
Defense Strategies for DWAI/Alcohol
A skilled attorney can help you build a defense against DWAI/Alcohol charges. Potential strategies include:
- Challenging the Officer’s Observations: Questioning the officer’s assessment of your impairment.
- Examining the Accuracy of BAC Testing: Scrutinizing the reliability of breathalyzer or blood tests.
- Presenting Evidence of Mitigating Circumstances: Demonstrating factors that may have influenced your driving.
Understanding Related Charges
It’s important to understand the differences between DWAI/Alcohol, DWAI/Drug, DWAI/Combination, and standard DWI charges. Being aware of the zero tolerance law and the consequences of chemical test refusals is also vital. In cases where the impairment is very high, or other factors are present, the charge could be elevated to an Aggravated DWI. Also, if you are an out of state driver, ensure you understand how the DWAI charge will impact your home state.
Why Choose James Medows?
James Medows is a knowledgeable New York traffic attorney who understands the nuances of DWAI/Alcohol cases. He can help you navigate the legal process and protect your rights.
Don’t Underestimate a DWAI/Alcohol Charge
Even though it’s less severe than a DWI, a DWAI/Alcohol conviction can still have significant consequences. Contact James Medows today for a consultation and let him help you protect your driving privileges and your future.