In every state, any driver with a blood alcohol content (BAC) of 0.08% or higher may be charged with a DWI (driving while intoxicated), which typically carries serious long-term penalties. However, in New York and a few other jurisdictions, driving with a BAC below the legal limit may still expose you to criminal charges. If you’re charged with driving with alcohol in your system, understanding the difference between DWI and DWAI (driving while ability impaired) charges and hiring an experienced DWI defense attorney are essential for achieving the best possible outcome.

The Differences Between DWI and DWAI Explained

DWI Charges

Driving while intoxicated, or DWI, is a serious criminal offense reserved for those whose BAC exceeds the legal limit. Drivers suspected of being under the influence of illegal substances may also face DWI charges even if their blood test reveals no alcohol in their system.

A single DWI is a misdemeanor offense, typically resulting in fines of between $500 an $1,000 and a maximum jail sentence of one year. Subsequent DWIs within a 10-year period are considered felonies, carrying large fines and prison terms of up to four years.

What Is a DWAI?

Under New York law, if your BAC content is higher than 0.05% but lower than 0.07%, you may be charged with driving while ability impaired, or DWAI. While this charge may seem less serious than a DWI, the penalties are actually the same, regardless of whether you’ve been accused of driving under the influence of drugs or alcohol.

Subsequent DWAI charges within a 10-year period are also considered felonies, with lengthy prison sentences and the revocation of your driving privileges. With so much at stake, drivers charged with any alcohol-related offense should consult with an experienced DWI defense attorney before speaking to police or prosecutors.

If you’ve been accused of driving under the influence of drugs or alcohol, let the Larry R. Koss Law Firm provide the aggressive legal defense you deserve. This experienced DWI defense attorney in Brockport, NY, has represented clients throughout Monroe, Orleans, Niagara, and Genesee counties for over 40 years, establishing a track record of success in a variety of difficult situations. Visit the law firm’s website to learn more about their legal services and call (585) 637-3961 to speak with a DWI defense attorney today.