What’s the difference between DUI, DWI, and DWAI in New York?
What’s the difference between DUI, DWI, and DWAI in New York?
DWI stands for Driving While Intoxicated, which is either a specific numerical BAC result of 0.08 or higher (V&T Law Section 1192(2)), or a general notion that you’re intoxicated, proven by testimony and other evidence of the nature of your impairment (1192(3)).
DWAI stands for Driving While Ability Impaired (1192(1)), and is generally considered to be when the BAC result is higher than 0.05 but below 0.08, though it is actually not that simple. New York also added a new offense early in 1997, called Aggravated DWI, which is where the BAC is 0.18 or above.
DUI stands for Driving Under the Influence, and is a general term in the US for the subject. The term DUI is not commonly used in the legal system in New York State.
Under V&T Law 1193, first and second convictions for DWAI are violations - they are not crimes and you cannot get a criminal record for a violation. A third DWAI is a misdemeanor. A first DWI is a misdemeanor, while a second DWI is a felony.
