Driving under the influence is a serious crime in New York. But, it’s easy to get confused by the different terms that are used when talking about it: DUI, DWI, and DWAI.
What do these acronyms mean, and how do they differ? And what are the penalties if you’re convicted of drunk driving in New York?
This article will clarify the differences between DUI, DWI, and DWAI in New York, and it will review the consequences you’ll face if you’re convicted of any of these offenses. It’s important for all New York drivers to understand these laws.
DWI, DUI, and DWAI: What do they mean?
You’ve probably heard the terms DWI, DUI, and DWAI used when people talk about drunk or drugged driving. But what do they actually mean? Here’s a quick breakdown of how New York State law defines these terms.
Driving While Intoxicated (DWI)
In New York, you can be charged with Driving While Intoxicated (DWI) if you’re caught operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher. DWI refers specifically to intoxication caused by alcohol.
Keep in mind that the BAC limit is lower for commercial drivers: 0.04%.
Driving Under the Influence (DUI)
DUI is often used as a more general term for impaired driving. In New York, it often gets used interchangeably with DWI. However, it can also refer to driving while impaired by alcohol, drugs, prescription medications, or some combination of these.
It’s important to note that “DUI” isn’t actually a specific charge in New York Vehicle and Traffic Law. However, the kind of behavior it describes can lead to DWI or DWAI charges.
Driving While Ability Impaired (DWAI)
You can be charged with Driving While Ability Impaired (DWAI) if your ability to operate a vehicle is impaired by alcohol or drugs.
DWAI/Alcohol applies to BAC levels between 0.05% and 0.07%. But DWAI can also be charged if you’re impaired by a drug other than alcohol, regardless of your BAC. There’s also a charge called Combination DWAI, which covers impairment caused by a combination of alcohol and drugs.
Chemical Testing and Implied Consent
New York has an “implied consent” law. This means that just by driving on New York roads, you’re agreeing to take a chemical test (blood, breath, or urine) if a police officer arrests you for DWI or DWAI.
If you refuse to take the test, your driver’s license will be suspended right away. The fact that you refused can also be used against you in court.
While blood alcohol content (BAC) test results are used in DUI cases, they don’t automatically guarantee a conviction. A common defense strategy is to challenge the accuracy of the testing equipment or procedures.
Penalties for DWI in New York
New York takes drunk driving seriously. If you’re convicted of driving while intoxicated (DWI), you could face significant penalties, including fines, jail time, and the loss of your driving privileges. The penalties increase with each subsequent offense.
First Offense DWI
- Fines: Up to $1,000
- Jail Time: Up to one year
- License Suspension: Up to six months
- Criminal Record: A permanent criminal record is created
Second Offense DWI (within 10 years)
- Fines: Up to $5,000
- Jail Time: Up to four years
- License Suspension: At least one year
Third Offense DWI (within 10 years)
- Felony Charge: A third DWI is classified as a felony
- Fines: Up to $10,000
- Jail Time: Up to 7 years
- Permanent License Revocation: May result in permanent license revocation
Ignition Interlock Device (IID)
An Ignition Interlock Device (IID) is often mandatory for certain DWI convictions, requiring the driver to blow into a breathalyzer before starting the vehicle.
Penalties for DWAI in New York
While a DWAI is considered a lesser offense than a DWI or DUI, it’s still a serious charge that can result in significant penalties.
DWAI/Alcohol
- Fines: $300 to $500 for a first offense
- Jail Time: Up to 15 days
- License Suspension: 90-day license suspension
DWAI/Drugs or Combination (Alcohol and Drugs)
- Fines: $500 to $1,000 for a first offense
- Jail Time: Up to 1 year
- License Suspension: At least a 6-month license suspension
DWAI Record
It’s also worth noting that DWAI convictions remain on your driving record for 10 years. This can impact insurance rates and potentially affect future employment opportunities.
What are the consequences of a DWI/DUI/DWAI conviction?
A conviction for driving while impaired (DWAI), driving while intoxicated (DWI), or driving under the influence (DUI) in New York can have long-lasting effects on your life. In addition to fines and possible jail time, you might experience:
- Higher insurance rates. Your car insurance premiums will likely increase for as long as ten years.
- Trouble finding or keeping a job. A conviction can make it hard to get hired or even cause you to lose your current job.
- Housing problems. Some landlords might not rent to someone with a DUI/DWI/DWAI conviction.
- SR-22 insurance requirements. You may be required to get SR-22 insurance to prove you have coverage.
Defenses and Legal Representation
If you’re facing a DUI or DWI charge, it’s essential to seek legal counsel. A lawyer specializing in these cases can help you navigate the complexities of the legal system.
There are several potential defenses your attorney might explore, including:
- Challenging the accuracy of the testing equipment used to determine your blood alcohol content (BAC)
- Questioning whether the initial traffic stop was lawful
- Arguing that a medical condition may have influenced your BAC reading or behavior
A skilled attorney may also be able to negotiate a plea bargain, potentially reducing the charges to reckless driving. They can also present mitigating circumstances to lessen the consequences you face.
Frequently Asked Questions
How long does a DWI stay on your license in New York?
A DWI (Driving While Intoxicated) conviction remains on your driving record permanently in New York. While points associated with the conviction may eventually expire for DMV purposes (affecting potential license suspensions based on accumulated points), the conviction itself is never removed. This means it will always be visible to law enforcement and may impact future legal or employment situations.
Are DWI and DUI the same in NY?
In New York State, the terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are often used interchangeably in casual conversation, but technically, DWI is the more commonly used and legally accurate term for impaired driving. While “DUI” might be heard, especially due to its prevalence in other states, New York law primarily focuses on “Driving While Intoxicated” as the umbrella term covering various levels of alcohol or drug impairment while operating a vehicle. Other related charges include DWAI (Driving While Ability Impaired) by alcohol or drugs.
What are the potential penalties for a DWI in New York?
The penalties for a DWI in New York vary based on factors like your blood alcohol content (BAC), whether there were any aggravating circumstances (like a high BAC or an accident), and whether you have prior DWI convictions. Penalties can include fines, license suspension or revocation, mandatory alcohol education programs, installation of an ignition interlock device, and even jail time. Subsequent offenses carry harsher penalties.
Can I refuse a breathalyzer test in New York?
While you have the right to refuse a breathalyzer test in New York, doing so comes with consequences under the state’s “implied consent” laws. Refusing a breathalyzer will result in an immediate driver’s license suspension, regardless of whether you are ultimately convicted of DWI. The refusal can also be used against you in court.
Conclusion
In New York, it’s essential to understand the distinctions between driving under the influence (DUI), driving while intoxicated (DWI), and driving while ability impaired (DWAI). These charges vary in severity, depending on the substance involved (alcohol, drugs, or both) and the level of impairment.
The potential penalties and consequences of a conviction can be life-altering, including fines, license suspension or revocation, mandatory alcohol education programs, and even jail time. Because of what’s at stake, it’s critical to seek experienced legal representation if you’re charged with a DUI or DWI.
A skilled attorney can evaluate the evidence against you, identify any weaknesses in the prosecution’s case, and fight to protect your rights and your future. If you’re facing DUI or DWI charges in New York, don’t hesitate: Contact legal counsel immediately.