The legal phrases DUI and DWI are frequently used synonymously when discussing drunk driving accusations in many states. Driving under the influence is called DUI and driving while intoxicated or drunk driving is called DWI.
However, New York does not use the term DUI legally. DWI and DWAI are the two most common drunk driving infractions in the state. Driving while impaired (DWAI) refers specifically to the substance impairing the driver, such as alcohol or narcotics.
It is vital to remember that all DWIs and DWAIs are variations of DUIs. However, not all DUIs lead to DWI or DWAI. Although there are fewer conditions for filing a DWAI charge, it is equivalent to a DWI.
What is DWI?
A driver will be charged with a DWI when an officer observes a driver operating a vehicle with a blood alcohol concentration (BAC) of at least 0.08%. Most people picture this when they hear the term “drunk driving.” It is a popular fallacy that the rules cover only automobiles, trucks, and motorcycles against drunk driving. An officer can arrest a driver operating a snowmobile or bicycle for DWI. The general rule is that you should not operate any vehicle or machinery after consuming alcohol.
What is DWAI?
The lesser form of DWIs is DWAIs. You may receive a DWAI if you are driving while intoxicated or under the influence of another substance. The amount of alcohol in your bloodstream distinguishes this offense from a DWI. A BAC of at least 0.08% is required to be driving in a vehicle to be charged with DWI. The charge for a DWAI is determined independently of the blood alcohol content of the driver. The officer might charge you with DWAI if your ability to drive was to any amount compromised.
DWAI offenses often carry less severe penalties than DWI charges. However, they may be more severe if you drive under alcohol or drugs.
What are the Penalties for a DUI or DWI?
Although the severity of the penalties for a DUI, DWI, or DWAI vary, each violation type has far-reaching repercussions. The most frequent punishments for these three violations are jail time, license suspension, and fines.
