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What are the different crimes involving alcohol and drug-related driving violations in New York State?

• Aggravated DWI: Aggravated Driving While Intoxicated: .18 BAC or higher.
  DWI Driving While Intoxicated: .08 BAC* or higher or other evidence of intoxication
• DWAI: Driving While Ability Impaired (by alcohol): .05 BAC* to .07 BAC*, or other evidence of impairment.
• DWAI/Drugs: Driving While Ability Impaired (by a drug that is not alcohol)
   
  Chemical Test Refusal:  A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge or previous refusal will have their driver license revoked for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license. If the driver is under age 21, and refuses a chemical test during the five years after a DWI-related charge or previous refusal, they will have their driver license revoked for at least one year or until age 21, whichever is longer and must pay a $750 civil penalty to apply for a new driver license.
   
  Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.
  *BAC = blood alcohol concentration
   
   
   
  

What is the difference between DWI and DWAI?

• Intoxicated is defined as the voluntary consumption of alcohol causing impairment which renders a person incapable to a substantial extent of employing the physical and mental abilities which are needed to possessed in order to operate a vehicle as a reasonable and prudent driver.
• Impairment is defined as impairment to any extent of the physical and mental abilities needed to be possessed in order to operate a vehicle as a reasonable and prudent driver.
• DWI is a misdemeanor offense giving a person  a criminal record. A first time offender shall be punishable by a maximum one-year jail term and/or a fine of $500-$1000 and a mandatory license revocation of six months. There is no enhancement of sanctions if the defendant has a prior conviction of DWAI. A prior conviction for DWI within the last 10 years will result in a felony charge and enhanced sanctions.
• DWAI is a traffic infraction and not a crime and will not leave a person with a criminal record. A first time offender shall be punishable by a maximum jail term of 15 days and/or a fine of $300-$500 and a license suspension of 90 days. A second time offender within 5 years shall be punishable by a maximum jail term of 30 days, and/or a fine of $500-$750 and a license suspension of 6 months. A third time offender shall be punishable by a maximum jail term of 90 days, and/or a fine of $750-$1500 and a license suspension of 6 months.

What Will Happen If I Refuse to Take The Chemical Test?

• If you refuse a chemical test for BAC (Blood Alcohol Content), your license will be suspended at arraignment in court, and revoked for at least six months (second offense, one year) at a Department of Motor Vehicles hearing. You will also be subject to a civil penalty of $300 (second offense, $750). A driver under 21 years old who refuses to take a chemical test under the Zero Tolerance Law is subject to a 1-year license revocation and a $300 civil penalty. The penalties and fines for refusing to submit to a chemical test are separate from, and in addition to the penalties and fines for alcohol or drug-related convictions.

• If you receive your first conviction for DWI or DWAI and you participate in the Drinking Driver Program (DDP), you can receive a conditional license. The DMV determines if you are eligible for the DDP. A judge can stop your enrollment in the DDP.