Driving while impaired is always a bad idea, and “impairment” in the eyes of the law isn’t limited to alcohol. In New York, operating a vehicle under the influence of any substance that affects motor skills is illegal and classified as Driving While Ability Impaired (DWAI). This can include alcohol but differs from a Driving While Intoxicated (DWI) charge, which applies explicitly to higher levels of alcohol impairment.
A DWAI charge can result from consuming lower levels of alcohol or any drug—whether recreational, illicit, or even certain prescription medications—if it impairs your ability to drive safely. It carries many of the same ramifications that one would associate with a DWI or DUI.
Let’s learn what a DWAI is, how it compares to a DWI, and what to do if you’ve been charged.
What is a DWAI?
DWAI Orange County NY
DWAI stands for “Driving While Ability Impaired” and happens when a motorist who has consumed a drug or low levels of alcohol gets arrested for operating a vehicle. There are a few key distinctions to be aware of that make it different than a DWI.
- DWAI-Alcohol: When a driver has a Blood Alcohol Content (BAC) between 0.05% and 0.07% and shows signs of impairment.
- DWAI-Drugs: When a driver is found to be impaired by a single drug (other than alcohol).
- DWAI-Combination: When both alcohol and drugs impair a driver.
How Does a DWAI Differ from a DWI or DUI?
Though both are moving vehicle charges related to an impaired motorist, they differ in a few key ways. Namely, what substance is the motorist under the influence of, and what amount has been consumed?
- DWAI (Driving While Ability Impaired) – Considered a lesser offense than a DWI.
- Lower BAC (Blood Alcohol Content) Threshold (0.05% – 0.07% for alcohol-related DWAI).
- Typically classified as a violation (which is not a crime) for a first offense with minimal penalties.
- More severe penalties for repeat offenses can rise to a misdemeanor or felony with enough convictions.
- DWI (Driving While Intoxicated) – The more serious offense.
- BAC of 0.08% or higher (or clear signs of intoxication).
- Criminal charge (misdemeanor or felony).
- Harsher penalties (higher fines, longer license suspension, potential jail time).
- DUI (Driving Under the Influence) – This is not legal terminology in New York State.
- Some states use DUI instead of DWI; it is just a difference in naming structure.
What Does It Mean for Motorists Charged with a DWAI?
You’ll be arrested and taken to the police station for booking. Your fingerprints will be taken, and other personal information will be logged in law enforcement records and databases. Depending on the severity and time of day, you may have to go to county jail before seeing a judge for your bail hearing.
Here are the breakdowns for DWAI:
- First-Offense DWAI-Alcohol (Violation)
- Fine Range: $300 – $500
- License Suspension Length: 90 days
- Possible Jail Time if Convicted: Up to 15 days
- Possible Enrollment in Impaired Driver Program (IDP) – a course designed to teach motorists who have been convicted of an impaired vehicle charge the risks and responsibilities of doing so.
- Second-Offense DWAI (Within 5 Years)
- Fine Range: $500 – $750
- License Revocation Length: At least 6 months
- Possible Jail Time if Convicted: Up to 30 days
- Third-Offense DWAI (Within 10 Years)
- Fine Range: $750 – $1,500
- License Revocation Length: At least 6 months
- Possible Jail Time if Convicted: Up to 180 days
As we see from these bullet points, the higher the number of charges a person receives for a DWAI over their life, the more severe the punishments and fines levied by the state.
Here is the New York state website on DWAI and other drugged driving charges, fines, and penalties.
What about Cannabis? Isn’t that legal now?
Yes, Cannabis has been legalized in New York state for recreational consumption since March 2021. But driving after consuming any form of cannabis product is illegal and dangerous. That makes it important for recreational users to stay informed of the risks of driving after consuming Cannabis. Do not drive if you have consumed any form of Cannabis.
Have You Been Charged with a DWAI?
Getting arrested and brought to a police station is harrowing stuff. It can make you question every decision you have ever made in your life up to that point where you chose to drive after taking drugs or alcohol. You may feel like “my life is over” or “I’ll never get out of this,” which can be downright depressing. But life is long, and it moves on. You can get through this, and you will. Before you know it, you’ll look back on this period as a life-changing moment you overcame. Just don’t avoid tackling it head-on. Minimize the stress on your life, ego, bank account, and driving record with proper legal advice and guidance to have your best shot at getting over this charge as soon as possible.
Zucker Law has specialized in DWAI Orange County NY cases and has helped hundreds of clients overcome difficult periods. Fight your case with the best attorney in the area, one who knows the judges, knows the police operators, and knows what it takes to guide you through every aspect of moving on with your life.