Getting behind the wheel of a car under the influence of alcohol, drugs (illegal or prescription), or a combination of these substances can have serious consequences in the state of New York. If you are arrested for drunk driving or after you took drugs, the specific criminal charges you will face depend largely on the level of intoxication. Most people don’t go out for the evening intending to drive under the influence, but sometimes “just one drink” leads to another, and then another… and then the next thing you know you’ve been pulled over by the police for drunk driving in the state of New York. Because one lapse in judgment can lead to an arrest with pretty severe consequences, it’s important for you to know of the differences in DUI vs DWI vs DWAI, as well as to understand how a DWI lawyer can help.
At The Law Offices of Jason Bassett, our Long Island DWI attorney, Jason Bassett, is here to assist you. With in-depth knowledge of DWI cases, he understands the complexities of these matters and is committed to protecting your rights and securing the best possible outcome for your situation. Don’t navigate the legal system alone. Contact Jason Bassett today at (631) 259-6060 to guide you through this challenging time and learn more about how DWI defense works in New York.
Is A DWI And A DUI The Same Thing?
DWI stands for “Driving While Intoxicated” while DUI stands for “Driving Under the Influence”. People often use DUI and DWI interchangeably, however, which term is used officially in the laws of a particular state varies across the country. In most states, a person is considered too intoxicated to legally drive if they have a BAC (which stands for blood alcohol concentration) of at least .08 %. The difference between DUI and DWI can be subtle. Some states use the term DWI for this criminal offense and others use DUI. In the state of New York, we use DWI for a driver with a BAC of over .08 %.
What is a DWAI?
DWAI stands for “Driving While Ability Impaired”. In New York, it is considered a legal offense for any individual to operate a motor vehicle while impaired by alcohol consumption. The degree of impairment can vary, and it is not solely based on a specific blood alcohol concentration (BAC) level. Even if a driver’s BAC is below the legal limit of 0.08%, they can still face Driving While Ability Impaired (DWAI) charges if they show signs of impairment, such as slurred speech, slowed reaction time, or poor coordination.
The laws in the state of New York identify three types of DWAI, which are DWAI/Alcohol, DWAI/Drug, and DWAI/Combination. DWAI/Alcohol is when a driver is driving while their ability is impaired by alcohol and with a BAC between 0.05 and 0.07, DWAI/Drug is when a driver is driving while their ability is impaired by a single drug other than alcohol, and DWAI/Combination is when a driver is driving while their ability is impaired by the combined influence of drugs or alcohol.
Under Section 1192.1 of the New York Vehicle and Traffic Law, DWAI includes a wide-ranging definition of driving, which encompasses being in physical control of a vehicle while impaired by alcohol. This means that individuals sitting in the driver’s seat with the keys in the ignition, even if the engine is off, can still be charged with DWAI.
If you find yourself facing DWAI charges, it is crucial to understand the potential consequences involved. At The Law Offices of Jason Bassett, our Long Island DWI attorney, Jason Bassett, is dedicated to providing legal representation and guidance to individuals facing DWAI charges. He possesses in-depth knowledge of handling DWI cases and understands the intricacies of the legal system and the complexities associated with these charges. For a personalized consultation, contact Jason Bassett today.
| Term | Definition |
|---|---|
| DWI | Driving While Intoxicated; a criminal offense when a driver operates a vehicle with a BAC over 0.08%. |
| DUI | Driving Under the Influence; another term for impaired driving, used interchangeably with DWI in some states. |
| DWAI | Driving While Ability Impaired; a charge for driving with a reduced ability due to alcohol or drugs, but BAC below 0.08%. |
New York BAC Chemical Testing
When seeking a conviction for DWI, law enforcement relies heavily on breathalyzers as well as BAC chemical testing. However, these methods do not provide conclusive evidence of drunk driving and are not a guarantee of a conviction. A skilled defense lawyer may be able to help you to find out if the arresting officer made mistakes in handling your case.
New York courts have ruled that a driver who has been arrested for drunk driving must submit a breath test to determine their BAC. This means that drivers who drive cars in the state are implicitly consenting to have their system tested for alcohol.
Refusing to submit to testing following a traffic stop can result in your driver’s license being revoked. Other consequences include fines and suspension. After refusing to submit to testing, you have the right to a DMV hearing. A skilled DWI lawyer can significantly increase your chances of success in this hearing.
Attorney Jason Bassett is an experienced criminal defense lawyer who may be able to provide the legal representation you need for your case. As a lawyer who has won a lot of DWI cases, he may be able to protect your rights and your freedom. To schedule a consultation, contact us today.
What Are The Potential Consequences Of Getting Charged With A DWI In New York?
The consequences for being convicted of violating the laws against driving under the influence of alcohol and drugs or DWI in the state of New York can include a suspended or revoked driver’s license, monetary fines, and even a potential jail sentence. The severity of the penalties depends on, amongst other things, the level of the charge and whether or not it is the first offense. Having a previous conviction for drunk driving offenses typically results in steeper possible penalties. For even a first-time DWI offense in the state of New York, depending on the circumstances, someone can face fines of between $500 and $1000, a revoked driver’s license for at least 6 months, 3 years of Probation, or up to 12 months of jail time.
What Are The Potential Consequences Of A DWAI?
As stated in a previous section, in the state of New York a DWAI is short for “Driving While Ability Impaired.” The major differences between a DWAI and a DWI are that the BAC is more than .05 % but less than .07% or there is proof that the driver is impaired either by illegal or prescription drug use or a combination of both drugs and alcohol. As such, there are three different kinds of DWAI in the state of New York and each kind has different potential consequences. Being charged with a DWAI involving a driver with a BAC between .05 and .07 can result in a fine between $300 and $500, a 90-day license suspension, and up to a 15-day jail sentence. Being charged with DWAI involving drugs and a DWAI for a combination of both drugs and alcohol can mean a $500 to $1000 fine, a revoked license for at least 6 months, and three years of Probation, or even up to one year in jail.
Local DWI Lawyer, Jason Bassett, Is Highly Experienced In Helping With Drunk Driving Violations In New York And Nassau and Suffolk Counties.
Whether the DWI or the DWAI is a first offense or not, being charged and convicted of it in the state of New York can have consequences that negatively affect your life not only in the short term but for the rest of your life. You need an experienced attorney to provide top-quality legal defense and to get you the best possible outcome. Contact Jason Bassett today for a free consultation at (631) 259-6060.
Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/what-is-the-difference-between-a-dwai-dwi-and-a-dui/ What Is The Difference Between A DWAI, DWI, And A DUI?from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/what-is-the-difference-between-a-dwai-dwi-and-a-dui/
