Click here to fight your New York traffic ticket.

New York’s Vehicle and Traffic Law (VTL) draws a fine line between the three kinds of drunk or drugged driving violations in the state: DUI, DWI, and DWAI. Each of these violation categories come with severe consequences.

In 2019, nearly 1,000 of motor vehicle accidents resulted in fatalities, 55% of which were directly caused by drunk or drugged drivers. That includes 28% from DWIs and 27% from DUIs. Fortunately, not every DUI, DWI, or DWAI results in an accident.

Each year, New York courts convict people of around 50,000 drunk or drugged driving charges, but the true number of violations is likely to be much higher. 

In fact, 14 out of every 100 New Yorkers admit to having driven after drinking too much, meaning the true numbers could be in the hundred thousands.

This article will explain the differences between DUIs, DWIs, and DWAIs in a way that helps you better plan the next steps in your court case.

What’s the Difference Between DUI, DWI, and DWAI in NY?

DWIs are the most common of the three kinds of this violation in NY. DUI stands for Driving Under the Influence and DWI stands for Driving While Intoxicated. But there’s also a third, less-known variant: the DWAI.

It is important to note that all DWIs and DWAIs are forms of DUIs. But not all DUIs are DWIs and DWAIs. This can be quite confusing, but we’ll break it down throughout the rest of this article.

DWAI is an abbreviation for Driving While Ability Impaired. DWAIs are almost identical to DWIs but with lesser requirements for the charge to be filed. We’ll explain that in greater detail later on.

Each of these three variations on drunk and drugged driving charges have their own unique set of legal specifications. That means, despite their many similarities, there are plenty of ways to differentiate between them. 

DWI

A DWI is what you’ll get when an officer catches you driving with a blood alcohol concentration (BAC) of at least 0.08%. This is what most people think of when they hear the phrase “drunk driving.”

A common misconception is that the laws pertaining to driving while intoxicated only apply to motorcycles, cars, and trucks. In reality, an officer can charge you with a DWI even if you’re “driving” a bicycle or a snowmobile.

As a general rule of thumb, you should never operate any machinery or vehicle (motorized or not) after having consumed any amount of alcohol.

DWAI

DWAIs are the lesser form of DWIs. You can get a DWAI for driving anytime when your ability to drive is impaired by alcohol or other means. What makes this different from a DWI charge is the amount of alcohol in your system.

To get a DWI, you have to be operating a motor vehicle with a BAC of at least 0.08%. For a DWAI, your blood alcohol concentration doesn’t directly play a role in determining the charge. Instead, the officer can write you a DWAI charge if your ability to drive was impaired “to any extent.”

Penalties for DWAI charges are typically less severe than those of DWIs. However, they can be more severe if your ability to drive were to be impaired by both drugs and alcohol, rather than simply alcohol.

DUI

Driving under the influence is a different category from driving while intoxicated or while your ability is impaired. That said, DUIs can apply to any and all kinds of intoxicants, including alcohol and all other drugs, which means that all DWIs and DWAIs fall under the umbrella of DUIs.

If you’ve been drinking alcohol, you can get a DWI. If you’ve been taking any kind of drug, you can get a DWAI. Either way, you’ve gotten a DUI.

DUIs are all-inclusive, meaning that you can be charged with a DUI for driving after consuming any kind of legal or illegal drug.

What are the Penalties for a DUI or DWI?

The penalties for DUIs, DWIs, and DWAIs differ in terms of severity, but each of these violation categories comes with life-changing consequences. One of the most common penalties for these three violation categories is jail time.

Jail Time

For the most part, first-time violations for DWIs are considered misdemeanors, which means no mandatory minimum jail time. But just because there’s no mandatory minimum doesn’t mean there’s not still a risk of going to jail. However, DWAIs and other forms of DUIs are not so laid back.

The least severe penalties for a DWAI alcohol conviction include jail for up to 15 days. When you add drugs or a combination of drugs and alcohol into the mix, the penalties become much more severe.

A first-time DWAI combination violation can send you to jail for up to one full year. A second conviction for a combination DWAI will increase your potential jail time to four years. If you’re unlucky enough to get a third conviction within 10 years, you’ll be looking at a Class D Felony and seven years in prison.

Fines

One thing’s for sure: If you drive drunk, you better have a hefty savings account. Aside from the financial risks that come with getting into an alcohol-related car accident, you’ll also have to pay sky-high fines.

The fines for a first-time alcohol-only DWAI are the lowest of the DUI violations but they’re still quite expensive. One conviction can leave you with up to $500 in fines.

The next step up is a standard DWI violation. Although a first-time violation for New York’s Zero Tolerance Law might only cost you $125 in fines, many DWIs are far more expensive. A refusal DWI will cost about $500. A DWI for driving with a BAC over the legal limit can cost up to $1,000.

When it comes to aggravated DWIs, the price can balloon all the way up to $10,000. And that’s not including any surcharges or other financial penalties.

Surcharges

Surcharges are additional financial penalties that the state tacks on after your conviction. New York has many surcharges starting at $5 location surcharges for traffic tickets and increasing based on the severity and category of the violation. For DWIs, the New York State surcharge is $400.

Looking back at the section on fines, we can see that the surcharge for a DWI can double or even triple the cost of the conviction.

Points

In most cases points are not assessed on your license as a result of a DUI. Although this might seem like a blessing, it’s not. The reason that the DMV doesn’t assess points on your license is because the DMV revokes your license outright.

Risk of License Suspension or Revocation

There are two ways for the state to confiscate your driver license: suspension and revocation. EAch of these ways can be reached through a long list of actions. When it comes to the act of getting a DWI or DWAI, the result is almost always revocation.

For the most part, the only time you’re likely to have your license suspended is if this is your first time violating New York’s Zero Tolerance Law. While this can be considered a DUI, it is not subject to as severe penalties as other types of DUIs. Your license will be suspended for six months.

For almost all other DWIs and DWAIs, a conviction will result in the total revocation of your license. The main difference between a suspended license and a revoked license is that you can eventually get back your suspended license. When your license is revoked, you will never be able to get back the same license. Instead, you will have to get an entirely new one.

The typical term of revocation is one year. At the end of that period, you will have the option to pay a termination fee or other applicable fees and go through the process of reapplying for a driver license.

Driving on a suspended or revoked license is considered Aggravated Unlicensed Operation of a motor vehicle and can result in a total cost of over $1,000.

Is a DUI/DWI a Felony in NY?

Yes and no. First-time violations of DWI and alcohol-only DWAI laws in New York are often considered misdemeanors; Whereas second-time violations or other kinds of DUIs are often considered various classes of felonies. To best understand what this means, you’ll need to understand the difference between felonies and misdemeanors.

Misdemeanors are less severe violations. Penalties for a misdemeanor in New York tend to include only a few days of jail time, if any, for a first offense. However, being convicted of two or more DWIs or DWAIs will result in the court upgrading your charges to felonies.

Felonies have far greater consequences than misdemeanors. For example, a first-time DWI (misdemeanor) can only send you to jail for up to one year at a maximum, but a second offense (class E felony) can send you to jail for four times as long.

Can a DUI/DWI be Reduced in NY?

There are two ways to reduce a DUI, DWI, or DWAI in New York: Win your case or plea it down. The best way to have your DUI charge reduced is to beat your case, but that’s not always an option. Sometimes, it’s better to plead guilty to a lesser offense in exchange for reduced penalties.

DUI

DUIs are criminal offenses and therefore qualify for plea bargaining. Plea bargaining is the process of negotiating with the prosecutor to get reduced penalties in exchange for a guilty plea. For example, you may be able to plead guilty to a normal DWI charge rather than an Aggravated DWI charge if you have an expert lawyer.

DWI

DWIs and DWAIs are best reduced by beating them in court. The ideal result in any criminal proceeding in which you are the defendant is a dismissal. When the case is dismissed, you are let off the hook free and clear.

DWIs, like general DUIs, are criminal charges and therefore also qualify for plea bargaining in NY courts.

How AppWinIt Can Help You With Your DUI/DWI Charge

The WinIt app does not handle criminal traffic violations. However, the expert lawyers that you may find on our app can help you fight any and all civil penalties related to traffic infractions.

For more information on how WinIt can help you win your traffic tickets, contact a lawyer directly through the WinIt app! You can find it on the Google Play Store or on the App Store. From there, you can select your preferred lawyer from a sea of expert traffic attorneys. Not sure who to pick? Simply scroll through reviews until you find who you’re looking for.