Blog
Brooklyn DWAI vs DUI: Differences & Penalties
March 21, 2024
New York Criminal Defense Lawyers
Contents
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.
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.
Thank you team!
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way.
Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me.
I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence.
Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
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.