Facing a DWI or DWAI charge in New York can be a stressful and confusing experience. Both offenses involve driving under the influence, but the severity of the charges and the resulting penalties are quite different.
Understanding the Terminology:
- DUI (Driving Under the Influence): This term is often used interchangeably with DWI (Driving While Intoxicated) in many parts of the country. However, New York does not use the term DUI. Here, DWI refers to Driving While Intoxicated.
DWI vs. DWAI in New York:
DWI (Driving While Intoxicated): This is a more serious charge that applies when your Blood Alcohol Content (BAC) is 0.08% or higher for drivers over 21. It can also apply if you are driving under the influence of drugs, even if your BAC is below the legal limit.
DWAI (Driving While Ability Impaired): This is a lesser charge that applies in two situations:
- Your BAC is between 0.05% and 0.07%.
- You are driving under the influence of drugs (illegal or prescription) regardless of your BAC.
Key Distinctions:
Here’s a table summarizing the key differences between DWI and DWAI in New York:
So, Which Charge Do You Have?
Unfortunately, without knowing the specifics of your situation, it’s impossible to say definitively whether you are facing a DWI or DWAI charge. Here are some things to consider:
- Did you take a breathalyzer test? If so, the results will indicate your BAC level.
- Were you pulled over for suspicion of drunk driving? If the officer suspected drug use, a DWAI-Drugs charge is more likely.
- Did the officer observe any signs of impairment? This could include slurred speech, poor coordination, or erratic driving.
What Should You Do Now?
If you are unsure about the charges you are facing, it’s crucial to consult with an experienced DWI and DWAI attorney in New York. An attorney can review the details of your arrest, analyze the evidence, and advise you on the best course of action.
James Medows, ESQ. is a skilled DWI and DWAI defense lawyer in New York who can help you navigate the legal process and fight for your rights. Contact us today for a free consultation.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney for personalized legal guidance.
