NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 27th July 2023, 07:17 pm
DWAI is the acronym for driving while ability impaired. Some states have started specifying DWAI as a different type of charged from a DWI. It used to be that a driving while intoxicated charge referred to driving while under the influence of alcohol or drugs. However, now the DWAI specification makes it so that if you are found to be driving while your ability to drive safely is impaired, then you could be hit with another type of charge.
What Exactly is DWAI?
What constitutes as DWAI? According to many research reports, alcohol impairment begins before your blood alcohol content level reaches the legal intoxication limit of 0.08%. This means that if you are found driving with a BAC between 0.05% and 0.07%, you can be charged with a DWAI instead of a DWI. Likewise, you can get charged with a DWAI if you’re suspected of driving while or after having mixed alcohol and drugs since mixing the two can also lead to impairment even though your BAC was under the legal intoxication limit.
Consequences for DWAI
Just like a DWI and DWAI are different, so are the consequences governing the two. The consequences for a DWAI aren’t as severe as the ones for a DWI since your BAC level isn’t as high. While you can still face jail time, fines and fees, they typically won’t be as high as those of a DWI. Most significantly, you won’t have to deal with having your driver’s license suspended when you’re convicted of a DWAI like you would have if you were convicted of a DWI.
This doesn’t mean that you won’t have to still deal with the social consequences of getting convicted of driving while impaired. Some people within your circle might choose to not associated with you anymore because they might label you an alcoholic or drug addict. Others might not date you or befriend. You could experience greater difficulty in getting a job since employers will most likely choose a candidate with a clean background history over someone with a criminal charge like DWAI. In short, your image could be ruined or tainted, and you could experience a different standard of life if you can’t find a job or lose yours because of your charge.
A DWAI Lawyer Can Help
When you’ve been charged with a DWAI, it’s important that you seek out legal representation as soon as possible. A DWAI lawyer knows the laws pertaining to DWAI charges. Lawyers also have the experience and skills necessary to work to get your charges dropped or reduced, if possible. If it’s not possible to do that, they can at least help you get the least possible consequences for your conviction.
Evaluating Your Case
The first thing that a DWAI lawyer will do is evaluate your case to determine if there is any way your charges could be dropped. For instance, if the law enforcement officer who arrested you didn’t have ample reason to stop you in the first place, then your entire case could end up being dismissed. Likewise, since your case is a DWAI one, the police officer likely had you submit to field sobriety tests or gathered some sort of evidence to indicate that you were indeed driving while your ability was impaired. A lawyer will attempt to question this evidence and see if it was obtained illegally. If it wasn’t lawfully obtained in the first place, then it could be deemed inadmissible in court.
There is another loophole that could possibly get you out of your DWAI charges. Some states are what are known as sister states, which means that they will honor the laws of their sister states. For instance, in Connecticut you aren’t arrested for DWAI. If your BAC is under 0.08%, you are free to go, in most cases. Therefore, if you’re a Connecticut driver in New York, then NY law enforcement officers cannot legally arrest you for a DWAI. If they do, then your lawyer can help you get the charges dropped since Connecticut is not a DWAI charge-issuing state.
Contact a DWAI lawyer today if you’ve been charged with driving while your ability was impaired to get legal advice.
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