DWI CHARGES & PENALTIES



DWAI - Driving While Ability Impaired
This is a less serious charge than Driving While Intoxicated.  The most important long term
advantage of a DWAI in contrast to a DWI is that a DWAI is a violation, not a crime and will
not remain “on your record.”  

DWI - Driving While Intoxicated
This can be a misdemeanor or felony.  It will be a felony if you have already been convicted
of a DWI anytime within the last 10 years.  Both misdemeanors and felonies stay on your
record for life.

You can be charged with DWI/DWAI in New York in two different ways, and often both ways
are utilized:  

Blood Alcohol Content Test (BAC)
You can be charged with a DWI when a breath test reveals a Blood Alcohol Content greater
than 0.08.  If a Blood Alcohol Content test results in a reading of 0.05 to 0.07, you will be
charged with DWAI.  

Field Sobriety Tests
You can also be charged with a DWI/DWAI when the arresting officer forms an opinion that
you are intoxicated or your ability is impaired, based on observations and your performance
on Field Sobriety Tests (which commonly include: the alphabet test, walk and turn, counting
from 1 to 20 and from 20 to 1, and the finger-to-nose test, among others).




DWAI is always a violation and does not go on your record.  The maximum punishment is
15 days in jail.  Probation is not a possible punishment.  The most common sanction is a fine
of $300 to $500 along with required New York State surcharges.  Additionally, if convicted of
DWAI, your license will be suspended (at least partially), generally for 90 days.  

DWI can be either a misdemeanor or felony.  

Your first DWI, or the only one in the last 10 years, is a misdemeanor.  A misdemeanor
conviction can carry a range of sentences from a minimum of a $500 fine to a maximum of 1
year in county jail.  Probation is a common sentence in cases involving a car accident or a
high BAC.  A misdemeanor DWI conviction will result in the loss of some driving privileges for
at least 6 months.  

A DWI is a felony when you have a prior DWI conviction within the last 10 years.  A
felony DWI can carry a range of sentences from a minimum of a $750 fine to incarceration
with a maximum state prison sentence of 7 years.  Probation is also a very common
sentence in felony DWI cases.  Further, a felony DWI will also result in a suspension of
some, possibly all, driving privileges for at least 6 months.  
Nobles Defense Home James Nobles, Esquire Criminal Law and Criminal Defense Information DWI, DUI, DWAI, Drunk Driving Resources and Community Links James Nobles Contact Info
DWI CHARGES
DWI PENALTIES
Disclaimer
RESULTS
FEES
CURRICULUM VITAE
RESEARCH & THEORY
WHY I DO WHAT I DO
my philosophy
ABOUT
JAMES NOBLES
CRIMINAL LAW
DWI
KNOW YOUR RIGHTS
CRIMINAL PROCESS
KNOW YOUR RIGHTS
DWI CHARGES
& PENALTIES
DWI DEFENSES
CONTACT
CRIMINAL CHARGES
900 Times Square Building     45 Exchange Boulevard     Rochester, New York, 14614      P (585) 546-1260     F (585) 546-7803     james@noblesdefense.com