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driving while intoxicated
in new york, what is commonly known as driving while intoxicated (dwi), driving under the influence (dui) or drunk driving actually involves several offenses, due to different statutes that define each offense, and span from a violation to a felony.
the different drunk driving offenses are generally determined by two factors: the number of repeat offenses and blood alcohol content (bac).
dwi: driving while intoxicated � bac of .08 or higher, or other evidence of intoxication
dwai: driving while ability impaired � bac of .05 to .08, or other evidence of impairment
dwai / drugs: driving while ability impaired � by drugs other than alcohol
the chart below may help distinguish offenses and their possible punishments:
|
offense |
mandatory fine |
jail term |
mandatory drivers license action |
|
driving while intoxicated (dwi) � misdemeanor |
$500 � $1,000 |
1 year |
revoked for at least 6 months
|
|
second dwi in 10 years � e felony |
$1,000 � $5,000 |
4 years
|
revoked for at least one year |
|
third dwi in 10 years � d felony |
$2,000 � $10,000
|
7 years
|
revoked for at least one year |
|
driving while ability impaired (dwai) � violation |
$300 � $500 |
15 days
|
suspended for 90 days |
|
second dwai in 5 years |
$500 � $750 |
30 days
|
revoked for at least six months |
|
chemical test refusal |
$300 civil penalty |
none |
revoked for at least six months | |
many first offenders accused of dwi are able to plea bargain to a lesser charge of dwai, which is a violation, not a crime.
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