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.
900 Times Square Building 45 Exchange Boulevard Rochester, New York, 14614 P (585) 546-1260 F (585) 546-7803 james@noblesdefense.com
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