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Brooklyn DWAI vs DUI: Differences & Penalties
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Brooklyn DWAI vs DUI: Differences & Penalties
Driving while ability impaired (DWAI) and driving under the influence (DUI) are both serious driving offenses in Brooklyn and New York State, but they have some key differences in how they are defined, proven, and penalized. Understanding these differences is important if you have been arrested on suspicion of impaired driving.
Defining DWAI vs DUI
The basic difference between DWAI and DUI charges comes down to the level of impairment:
- DWI/DUI stands for “driving while intoxicated” or “driving under the influence”. This charge means having a blood alcohol content (BAC) of 0.08% or higher.
- DWAI stands for “driving while ability impaired”. This charge involves having a BAC between 0.05% and 0.07% and being impaired by alcohol or drugs while operating a motor vehicle.
So while DUI involves being legally drunk with a BAC at or above the 0.08% limit, DWAI involves having a lower BAC that still causes impairment making it unsafe to drive.Both charges involve chemical test evidence from a breathalyzer, blood test, or urine test. But for DWAI, the prosecution has a higher burden of proof to show your ability to drive safely was actually impaired at the time.
Penalties for DWAI vs DUI Convictions
The penalties for DWAI and DUI also differ, getting progressively more severe from DWAI to misdemeanor DUI to felony DUI:
DWAI Penalties
- Up to 15 days jail
- Up to $500 fine
- 90-day license suspension
Misdemeanor DUI Penalties
- Up to 1 year jail
- Up to $1000 fine
- Minimum 6-month license revocation
- Possible ignition interlock device mandate
Felony DUI Penalties
- Up to 4 years prison
- Up to $5000 fine
- Minimum 1-year license revocation
- Possible ignition interlock device mandate
DUI penalties also increase for repeat offenses, with higher fines, longer jail terms, and license revocations possible.
Fighting DWAI & DUI Charges
There are defenses available in both DWAI and DUI cases that a skilled New York DWI lawyer can use to get charges reduced or dismissed. Some examples include:
- Challenging the validity of chemical BAC tests
- Disputing signs of impairment from field sobriety exercises
- Questioning the legality of the traffic stop leading to the arrest
- Checking for flaws in the police investigation
Retaining legal representation immediately after an arrest allows critical evidence to be preserved and gives you the best chance to build an effective defense. Don’t hesitate to contact a lawyer if you’ve been charged with DWAI or DUI in Brooklyn or anywhere in NY.
DWAI vs DUI – Key Takeaways
- DWAI involves having a BAC between 0.05% and 0.07% along with some impairment from alcohol or drugs while driving.
- DUI involves having a BAC at or above 0.08% – the legal limit for intoxication in New York.
- DWAI carries less severe penalties than a DUI conviction.
- Both charges can be fought using defenses to challenge chemical test evidence, signs of impairment, the basis for the traffic stop, and other police errors.
- An experienced DWI lawyer can analyze the details of your case and build the strongest defense strategy possible. Reach out for legal help right away after an arrest.