The terms DUI and DWI are used interchangeably to refer to drunk driving offenses. But there are distinct differences between them. Knowing what these differences mean will help you figure out the seriousness of the charges and what potential penalties they may entail upon conviction. The term DWI stands for driving while intoxicated while DUI refers to driving under the influence. There are two main DWI offenses: driving while intoxicated and driving while ability impaired. Both are traffic crimes that can result in substantial fines, license revocation, and jail terms. However, DWAI cases carry comparatively lesser penalties. Drivers are charged with a DWI, when BAC levels are at least 0.08% which is the legal limit for driving under the influence in the state of New York. DWAI is where the BAC level is under the legal limit of 0.08% and the driver’s ability to maneuver a vehicle is impaired to any extent. In DWAI cases BAC level usually ranges between 0.05 and 0.07%.
Penalties imposed on DWI and DWAI charges vary depending on whether it is a first DUI or a repeat offense. First DWI is classified as a misdemeanor. A first conviction carries a fine between $500 and $1000 and suspends a driver’s license for at least 6 months. A person charged with a first DWI may face a jail term of up to one year. But repeat offenders face heftier fines and longer periods of license revocation. Accordingly, second and third DWIs carry fines between $500- $1000, jail terms of up to one year, and license revocation for at 12 months.
First DWAIs attract only a monetary fine between $300 and $500 and jail time of up to 15 days in addition to automatic license revocation for 90 days. In some DWAI charges, penalties can be more severe than in first DWIs. For instance, a DWI charge with a previous conviction for DWAI, DWI, or aggravated DWI may be imposed a mandatory fine ranging between $750 and $1500 in addition to getting 180 days of jail time and license revocation for 6 months. If someone commits a second DWAI violation within 5 years, he will face fines between $500 and $750, a 30-day jail sentence, and license revocation for at least 6 months. Subsequent convictions carry fines between $750 and $1500, license revocation for 6 months, a jail time of 180 days, and a period of probation of 3 years. If a driver refuses to subject himself to a chemical test a mandatory fine of $500 will be imposed as a civil penalty and the license will be revoked for at least a year. A driver’s license can be revoked permanently if he gets repeat convictions within 10 years.
Under New York drunk driving laws, in the absence of severe impairment, involvement in an accident, or significant damages and injuries, penalties imposed for DWAI cases are usually less severe than those imposed for DWIs. Unlike DWAI offenders, those charged with DWI are additionally required to install an ignition interlock device inside their car for 12 months. The ignition interlock device is a type of Breathalyzer that needs to be blown each time you start the car engine. The severity of the penalties for both DWIs and DWAIs increases with each subsequent charge, and repeat offenses may even lead to felony charges.
If you or a loved one is facing drunk driving charges in the state of New York contact DWI Lawyer Albany right away. Our legal team at DWI lawyer Albany will evaluate your DUI case and help you mitigate or get your drunk driving charges dismissed completely. DWI Lawyer Albany [dwilawyeralbany.com] is well known across New York State for protecting the wrongfully accused and helping those facing DUI and Drunk Driving charges. DWI Lawyer Albany has successfully defended the rights of thousands of individuals. Contact us 24×7 at 518-608-2499 for a free consultation.
