Driving under the influence of drugs or alcohol is a serious offense, but the specific charges and penalties vary depending on where you live. You’ve likely heard the terms “DUI” and “DWI,” but what about “DWAI”?
This article clarifies what a DWAI charge entails, with a focus on how DWAI laws work in New York and Colorado.
We’ll cover the definition of DWAI, how it differs from DWI/DUI, potential penalties, and what you should do if you’re charged with a DWAI.
What is DWAI?
DWAI stands for Driving While Ability Impaired. It’s a charge that’s less serious than DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) because it focuses on impairment rather than outright intoxication.
Here’s how DWAI works in New York and Colorado:
DWAI in New York
In New York, DWAI can involve alcohol, drugs (either illegal or prescription), or a combination of both. So, you could face a DWAI/Alcohol, DWAI/Drug, or DWAI/Combination charge.
DWAI/Alcohol usually means your blood alcohol content (BAC) was between 0.05% and 0.07%, or there was other evidence that your driving ability was impaired.
DWAI in Colorado
In Colorado, a DWAI charge comes into play when your BAC is between 0.05% and just under 0.08%. The key thing here is whether the alcohol or drugs affected your ability to drive safely.
DWAI vs. DWI/DUI: Key Differences
Although the terms are often used interchangeably, DWAI, DWI, and DUI are distinct offenses. Here’s how they differ:
Blood Alcohol Content (BAC) Thresholds
DWI/DUI typically have higher BAC thresholds than DWAI. For example, in New York, a DWI charge requires a BAC of at least 0.08%, while in Colorado, a DUI charge is triggered at 0.08% or higher.
Impairment Factors
DWAI emphasizes impairment, even with a lower BAC, which means you can be charged with DWAI even if your BAC is below the legal limit for DWI/DUI. DUI/DWI, on the other hand, often focus primarily on BAC levels.
Drug Impairment
Both DWAI and DUI/DWI can involve impairment caused by drugs, not just alcohol. In Colorado, for example, there’s a THC limit of 5 nanograms per milliliter of blood for marijuana impairment.
Terminology Differences
DUI (Driving Under the Influence) is a common term, but the specific charges and associated penalties vary by state. DWI (Driving While Intoxicated) is the term used in New York, while DWAI (Driving While Ability Impaired) is used in both New York and Colorado.
Penalties for DWAI
Penalties for driving while ability impaired vary, depending on the state and the details of the case. Here’s a look at the penalties in two states, New York and Colorado:
New York Penalties
- DWAI/Alcohol: Mandatory fine of $300 to $500, maximum jail term of 15 days, license suspension for 90 days.
- DWAI/Drug: Mandatory fine of $500 to $1,000, maximum jail term of 1 year, license suspension of at least 6 months.
- DWAI/Combination (alcohol and drugs): Mandatory fine of $500 to $1,000, maximum jail term of 1 year, license suspension of at least 6 months.
Repeated DWAI offenses come with escalating penalties. A third DWAI offense within 10 years can lead to felony charges.
Colorado Penalties
- First-time DWAI: 2 days to 180 days in jail, fines of $200 to $500, 24 to 48 hours of community service.
As in New York, penalties increase with repeat offenses.
Additional Consequences
Beyond fines and jail time, a DWAI conviction can lead to:
- License suspension or revocation
- Increased insurance rates
- Potential impact on employment and background checks
Defending against DWAI charges
If you’ve been charged with DWAI, you have several avenues for mounting a defense. Here are a few strategies your attorney might use.
Challenging evidence
Your lawyer may question the accuracy of any BAC tests used in your case. They may also challenge the police officer’s observations about your level of impairment.
Procedural errors
It’s possible the police made errors during your arrest or the testing process. If so, your attorney will highlight those errors.
Lack of impairment
If your BAC was close to the legal limit, your attorney may argue that you weren’t actually impaired.
The importance of legal representation
Navigating the complexities of a DWAI case isn’t easy. That’s why legal representation is so crucial. An attorney can help protect your rights and build a strong defense on your behalf.
Frequently Asked Questions
What charge is a DWAI?
In New York State, a DWAI, or Driving While Ability Impaired, is a charge for operating a motor vehicle while your ability to do so is impaired by alcohol or drugs. It’s a less serious charge than a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated), but it still carries penalties.
What is a DWAI in Canada?
Interestingly, the term “DWAI” isn’t typically used in Canada. Instead, they primarily use terms like “Impaired Driving” or “Driving Under the Influence” (DUI) to describe offenses related to driving while impaired by alcohol or drugs. The specific laws and penalties vary by province.
Is DWAI the same as DUI?
No, a DWAI is not the same as a DUI (or DWI). In jurisdictions like New York, a DWAI is a lesser charge than a DUI or DWI. DUI/DWI generally indicates a higher blood alcohol content (BAC) or a greater degree of impairment. A DWAI suggests your ability to drive is impaired, but not to the same extent as a DUI/DWI. The penalties for a DWAI are typically less severe.
In Closing
Driving While Ability Impaired (DWAI) is a serious charge, even though it’s different from Driving While Intoxicated (DWI) or Driving Under the Influence (DUI). The difference comes down to the level of impairment and your blood alcohol content (BAC).
It’s important to understand DWAI laws in your state, and if you’re charged with a DWAI, you should seek legal help.
Even though the penalties are less severe than for DWI or DUI, a DWAI conviction can still have lasting legal and personal consequences.