If you’ve been stopped for driving under the influence in Newburgh, NY, you may hear two similar terms — DWI and DWAI. While they might sound alike, they mean different things under New York law. Knowing the difference can help you understand your situation and what steps to take next.
What Is a DWI?
DWI stands for “Driving While Intoxicated.” This charge applies when a driver’s blood alcohol content (BAC) is 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, it’s 0.02%. A DWI is a serious offense and can lead to heavy fines, license suspension, higher insurance costs, and even jail time. It also stays on your driving record and can affect future job opportunities.
What Is a DWAI?
DWAI means “Driving While Ability Impaired.” This charge usually applies when a driver’s BAC is between 0.05% and 0.07%, or when drugs or alcohol have affected their ability to drive safely. A DWAI is a lesser offense than a DWI, but it still comes with fines, possible license restrictions, and higher insurance rates. Even though it’s not as severe as a DWI, a DWAI can still cause long-term problems.
Key Differences
The main difference between DWI and DWAI is the level of impairment and the severity of the penalties. A DWI is a criminal offense, while a first-time DWAI is usually treated as a traffic violation. However, repeated DWAI offenses or those involving drugs can lead to criminal charges. Both should be taken seriously, and having legal help can make a big difference in the outcome.
Get Legal Help from Burger Law
At Burger Law, we understand how stressful DWI and DWAI charges can be. We help drivers in Newburgh, NY, understand their rights and build strong defenses. Our team reviews every detail of your case, challenges weak evidence, and works to reduce or dismiss charges when possible. With our experience in New York traffic and criminal law, we guide you through every step with care and confidence. At Burger Law, we don’t just represent you — we fight to protect your future. Contact us today for help with your DWI or DWAI case in Newburgh.
This post was written by a professional at Burger Law. Burger Law delivers reliable legal representation to individuals and businesses throughout Poughkeepsie, NY, and the greater Hudson Valley. Led by Anthony P. Burger, our firm offers personalized, results-oriented counsel in areas such as Traffic & DWI Attorney Newburgh NY, Defense and Corporate Law. Whether you’re navigating a legal challenge, purchasing real estate, or starting a business, we provide honest advice and strong advocacy every step of the way. At Burger Law, we value integrity, clear communication, and achieving the best possible outcome for every client. Contact us today to get the legal support you need.