Understanding DWAI, DWI, & DUI | This New York Criminal Defense Attorney Breaks Down The Basics

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To understand the difference between DWAI charges and DWI/DUI charges, you just have to think of the difference between the key terms involved. While the key term for a DWI/DUI is “intoxicated”, the key term for a DWAI is “impaired.”
In New York, “impaired” is a less severe category legally than “intoxicated”. To be charged with a DWI, you have to have to be considered legally intoxicated, with a BAC (blood alcohol content) of at least .08%. For an Alcohol-DWAI, on the other hand, you merely have to be deemed impaired, with a BAC of more than .05% but less than .07%.
In addition, DWAIs are specific to the substance that is impairing you, and account for drugs (both illicit and prescription) in addition to alcohol. This means that unlike DWIs, you may be charged with a DWAI without ingesting any alcohol at all. This would be referred to as a Drug-DWAI. You may also be charged with a Combination-DWAI, which means that your impairment is due to both alcohol and drugs.

For More Information About DWI, Please Visit:
en.wikipedia.org/wiki/Drunk_driving_in_the_United_States

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