What is the main legal difference between DWI and DWAI in New York?

DWI requires a BAC of .08 or higher and is charged as a criminal offense. DWAI is a lesser violation under VTL 1192(1) for impairment below that threshold.

Is a DWAI charge a criminal offense in New York?

No, DWAI is classified as a violation under Vehicle and Traffic Law 1192(1), not a criminal offense, unlike DWI which typically carries criminal penalties. The exception is DWAI-drugs and DWAI-combined (alcohol plus drugs), which New York charges as misdemeanors.

Does DWAI only apply to alcohol impairment?

No, DWAI also applies to drivers impaired by drugs, marijuana, or combined substances when their impairment does not meet the DWI alcohol threshold.

What is Aggravated DWI in New York?

Aggravated DWI applies when a driver's BAC is .18 or higher. It is a misdemeanor for a first offense, with higher fines than common DWI, possible jail time, and a license revocation of at least one year, according to the New York DMV.

What should you do in the first 72 hours after a DWI or DWAI arrest near Olean?

Keep your appearance ticket and any paperwork, write down everything you remember about the stop, avoid discussing the case with anyone except your lawyer, and contact a DWI defense attorney before your arraignment, where license suspension and early plea issues are often addressed.

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ATTORNEYS
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DWI vs DWAI New York: What Does Your Charge Mean and What Happens Next?