Operating a motor vehicle under the influence of drugs or alcohol is a serious offense, with various charges that differ depending on the circumstances and severity. In New York State, individuals may face charges such as DWAI, DUI, and DWI. While all of these involve impaired driving, each charge carries its own legal definitions, consequences, and possible defenses.
At Cimasi Law, we are committed to helping you understand these charges and mount a strong defense if you are accused. Below is a breakdown of DWAI, DUI, and DWI, their differences, and the potential legal consequences.
DWI (Driving While Intoxicated)
Definition:
A DWI charge in New York applies when an individual operates a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher or is visibly impaired by alcohol. For commercial drivers, the threshold is lower at 0.04%. Driving under the influence of drugs can also result in a DWI charge if drug use impairs a person’s ability to drive safely.
Relevant Laws:
- Vehicle and Traffic Law (VTL) § 1192(2): Driving with a BAC of 0.08% or more.
- VTL § 1192(3): Driving while in an intoxicated condition (without specific BAC but visibly impaired).
- Aggravated DWI: Applies when a driver’s BAC is 0.18% or higher, or if they are driving with a child in the vehicle under the age of 16 (Leandra’s Law).
Possible Consequences:
- First Offense: Up to 1 year in jail, fines ranging from $500 to $1,000, and a 6-month license suspension.
- Second Offense: Classified as a felony, with up to 4 years in prison, higher fines, and an extended license revocation period.
- Aggravated DWI Penalties: Harsher consequences, including longer prison sentences, larger fines, and mandatory alcohol treatment programs.
Defense Strategies:
- Challenging the accuracy of the breathalyzer or chemical tests.
- Questioning the legality of the traffic stop or whether law enforcement had probable cause.
- Asserting medical conditions that may have affected BAC readings.
- Highlighting procedural errors during arrest or evidence collection.
DWAI (Driving While Ability Impaired)
Definition:
A DWAI charge covers situations where a driver’s ability is impaired by alcohol but their BAC is between 0.05% and 0.07% or they show signs of impairment from drugs. New York State recognizes both alcohol-related and drug-related DWAIs.
Relevant Laws:
- VTL § 1192(1): Driving while ability impaired by alcohol.
- VTL § 1192(4): Driving while ability impaired by a drug.
- VTL § 1192(4-a): Driving while ability impaired by the combined influence of drugs and alcohol.
Possible Consequences:
- First Offense: Fines ranging from $300 to $500, up to 15 days in jail, and a 90-day license suspension.
- Second Offense (Within 5 Years): Fines up to $750, possible 30 days in jail, and a 6-month suspension.
- Third Offense: Can result in a revocation of the driver’s license for at least 6 months, heavier fines, and potential 60 days in jail.
Defense Strategies:
- Contesting field sobriety tests, which may be subjective.
- Proving medications or medical conditions caused false signs of impairment.
- Demonstrating flawed testing procedures for drugs.
- Questioning whether the signs of impairment stemmed from fatigue or illness rather than intoxication.
DUI (Driving Under the Influence)
Definition:
DUI is a broader term often used interchangeably with DWI but is more commonly associated with other states. In New York, the primary charge related to alcohol impairment is DWI, while DUI can sometimes refer to impairment by both alcohol and drugs.
Relevant Laws:
In New York, the DUI charge itself is not used in official terms, but many individuals refer to both DWI and DWAI as DUI. The same legal statutes apply depending on whether the impairment is from alcohol, drugs, or a combination.
Possible Consequences:
As DUI overlaps with DWI and DWAI, the consequences are similar based on the specifics of the case, including fines, license suspension, or imprisonment. For example:
- A DWI involving drugs will fall under DWAI-Drug laws and penalties.
- A high BAC or combined impairment will invoke aggravated charges with higher consequences.
Defense Strategies:
Defending against a DUI charge follows similar strategies to DWI and DWAI cases:
- Attacking the validity of chemical test results.
- Demonstrating alternative causes of impairment.
- Investigating potential rights violations during the arrest process.
Key Differences Between DWAI, DUI, and DWI
While the terms DWI, DWAI, and DUI are often confused, they refer to different levels of impairment and legal definitions:
- DWI generally involves higher levels of intoxication or drug impairment and carries more severe consequences.
- DWAI is a lower-level offense for drivers with lower BAC or drug-related impairment.
- DUI is not a formal charge in New York but often encompasses both DWI and DWAI in colloquial use.
Understanding the distinctions between these charges is crucial if you are facing a case. Each charge has different thresholds for impairment, laws, penalties, and potential defenses.
Defending Against DWI, DWAI, and DUI Charges with Cimasi Law
Navigating the complexities of DWI, DWAI, and DUI charges can be daunting. At Cimasi Law, we bring our extensive experience in defending clients facing impaired driving charges to your case. We work diligently to protect your rights, challenge the evidence, and seek the best possible outcome.
If you or a loved one is facing any of these charges, contact Cimasi Law today to explore your defense options and secure the representation you need.