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CRIMINAL DEFENSE

Driving While Ability Impaired (DWAI)

Regardless of a person's Blood Alcohol Level, or "BAC", any impairment due to consuming alcohol is driving while ability impaired (DWAI).  DWAI is not as serious as the charge of DWI.

 

Penalties for a New York DWAI include:

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  • First DWAI – Imprisonment for up to  15 days, a fine of up to $500, and the revocation of a person's driver’s license for up to 90 days.
     

  • Second DWAI – If, within five years of a DWI-related conviction, a person incurs a second DWAI, the penalties include imprisonment for up to 30 days, a fine of up to $750, and revocation of a person's driver's license for six months or more.
     

  • Third DWAI – within five years of a DWI-related conviction, a person incurs a third DWAI, the penalties include imprisonment for up to 180 days, a fine of up to $1500, and revocation of a person's driver's license for six months or more. 
     

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