Driving While Ability Impaired (DWAI) vs. Driving While Intoxicated (DWI) in Binghamton, New York: What’s the Difference?

Being stopped by police on suspicion of drunk driving is a stressful experience. In New York, motorists can be charged with various offenses depending on the circumstances, and the distinction between Driving While Ability Impaired (DWAI) and Driving While Intoxicated (DWI) can be confusing. Both are serious, but they are subject to different legal standards and penalties. For drivers in Binghamton and across New York, knowing the difference can help you understand your rights and prepare for what comes next if you are accused.

What is a DWAI in New York?

A DWAI is the less severe of the two charges, but it should not be taken lightly. DWAI stands for Driving While Ability Impaired, and it applies when a driver’s ability to operate a vehicle is impaired “to any extent” by alcohol, even if their blood alcohol concentration (BAC) is below the legal limit of 0.08 percent.

For example, a driver with a BAC between 0.05 and 0.07 may be charged with a DWAI if the officer believes alcohol affected their ability to drive safely. Although a DWAI is considered a traffic infraction rather than a crime, it still comes with fines, potential license suspension, and other consequences.

What is a DWI in New York?

A DWI, or Driving While Intoxicated, is a criminal charge. It applies when a driver operates a vehicle with a BAC of 0.08 percent or higher, or when their driving is impaired to a “substantial” degree by alcohol or drugs, even without a BAC test.

DWI charges are much more serious than DWAI charges. Convictions can include heavy fines, a criminal record, license revocation, mandatory ignition interlock devices, and possible jail time. In addition, penalties increase if there are aggravating factors, such as having a BAC of 0.18 percent or higher, driving with a child in the car, or having prior offenses.

Key Differences Between DWAI and DWI

While both DWAI and DWI involve allegations of impaired driving, the differences matter greatly for anyone facing charges in Binghamton.

They include:

• Severity: DWAI is a traffic infraction, while DWI is a criminal offense.
• BAC levels: DWAI can apply at 0.05–0.07 BAC, while DWI generally begins at 0.08 or higher.
• Penalties: DWAI penalties may include fines up to $500 and license suspension, while DWI penalties can include fines up to $1,000, jail time, and a permanent criminal record.
• Long-term consequences: A DWAI will appear on your driving record, but a DWI can affect employment, housing, and professional licensing.

These differences highlight the importance of understanding the charges and responding appropriately.

Why You Should Never Face These Charges Alone

Even a DWAI, which some people mistakenly view as “minor,” can have long-term consequences if not handled properly. For students, professionals, and families in Binghamton, a conviction can cause ripple effects that go far beyond the courtroom. A skilled attorney can help challenge BAC results, question the legality of the traffic stop, and negotiate for reduced charges or dismissal.

At O’Brien & Eggleston, our attorneys are familiar with the approach of the courts in Broome County and possess the experience to challenge the prosecution effectively. We understand what is at stake for you and your future and work tirelessly to help protect your license, record, and reputation.

Contact O’Brien & Eggleston in Binghamton Today

If you are facing a DWAI or DWI charge in Binghamton, do not take chances with your future. The Binghamton criminal defense attorneys at O’Brien & Eggleston are ready to explain your options, challenge the evidence against you, and fight for the best possible outcome. Contact us today to get the help you need.