What is the Difference Between a DWI and DWAI in Carmel, New York?
DUI and DWI may be used interchangeably. While DWI (driving while intoxicated)
is the official legal term used in the state of New York, DUI refers to
the same charge. This is the charge that most people are familiar with:
if you are found to be driving while having a blood-alcohol content (BAC)
exceeding .08% for those aged 21+ and .02% for those underage, you could
be facing DWI charges.
DWI, or driving while intoxicated, refers specifically to intoxication
due to alcohol.
If you are 21 years or older, you can be charged with DWI if your blood
alcohol concentration is found to be at or above .08%. The BAC necessary for a conviction is lower in the case of those driving
commercial vehicles or who are under the legal drinking age of 21. A DWAI,
meanwhile, is driving while ability impaired. It is technically considered
a traffic offense, and is a somewhat lesser offense than the DUI. You
could be charged with a DWAI if you are below the .08% BAC limit but the
officer still believes you to be impaired. This can also include impairment
A DWAI (driving while ability impaired) charge is slightly more open to
interpretation. You could be charged with a DWAI/Alcohol, DWAI/Drugs,
or DWAI/Combination. A DWAI/Alcohol charge, though still very serious,
is considered a traffic violation, as opposed to a criminal charge as
a standard DWI would be. These charges may be brought against someone
below the legal BAC limit for a DWI but the officer feels is nonetheless
dangerously impaired. A DWAI/Drugs charge, however, is a criminal charge brought against a driver operating
a vehicle under the influence of drugs.
Call The Law Office of Keith R. Murphy Today
Attorney Murphy provides tailored, fully personalized legal services to
his clients, ensuring that each and every individual is treated with respect
and dignity and is given the uniquely customized legal strategy they need
This Carmel DUI lawyer is available to clients 24/7 for their convenience.
If you are looking for excellence, diligence, and integrity, look no further
than The Law Office of Keith R. Murphy. Call today at (845) 584-7033
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