DUI vs. DWI NY: What's the Difference?

A DUI or DWI arrest can lead to legal penalties, but these pale in comparison to the harm an intoxicated driver can cause to other road users.

At The Ahearne Law Firm, PLLC, our Hudson Valley car accident lawyers provide compassionate and effective legal support to clients who have been hurt by drunk drivers. Here’s why DWI and DUI laws in New York matter.

DWI vs. DUI in New York: Understanding the Terms

While the terms “DUI” and “DWI” are often used interchangeably, they have different legal definitions. However, both refer to the act of driving under the influence of alcohol or drugs.

Driving While Intoxicated (DWI)

Driving While Intoxicated is a specific criminal charge in New York. This charge can be filed when a driver has a blood alcohol concentration (BAC) of at least 0.08, which means there are 80 milligrams of alcohol per 100 milliliters of blood.

A BAC of 0.08 is the legal limit in most states, including New York. However, some states allow law enforcement officers to arrest drivers who have lower BACs. In other words, a BAC of below 0.08 does not protect you from being arrested, although the punishments you face may be different.

A DWI conviction in New York can result in severe penalties, including jail time, fines, and license revocation.

Driving Under the Influence (DUI)

There is no specific crime called “driving under the influence” in New York, although other states may use that term in their legal codes. Instead, DUI in New York can encompass a range of situations where one’s ability to drive is impaired, including by drugs or a combination of alcohol and drugs.

Law enforcement officers look for these common signs that a driver is impaired by drugs or alcohol:

• Slurred speech
• Difficulty walking or standing
• Red or bloodshot eyes
• Strong odor of alcohol or drugs
• Inability to perform field sobriety tests, such as the alphabet test or the one-leg stand

If you are suspected of DUI, you may be asked to take a breathalyzer test or a blood test to determine your BAC. But even if your BAC is below the legal limit, you can still face legal penalties.

DWI in NY: Penalties for Intoxicated Driving Charges

The penalties for alcohol and drug-related driving violations in New York can be severe, especially for repeat offenders. For example, these are some potential outcomes of multiple DWI convictions.

First DWI Offense

You will be issued a fine of between $500 and $1,000 and may spend up to one year in jail, although this maximum penalty is not common. Your driver's license will be revoked for at least six months.

Second DWI Offense

If your previous DWI was within the past five years, you.will spend at least five days in jail or complete 30 days of community service. However, the law allows for up to four years in prison at the judge’s discretion. You will also pay fines of between $1,000 and $5,000 and lose your license for at least one year.

Third DWI Offense

You will spend at least 10 days in jail or complete 60 days of community service if you were convicted of DWI within the previous five years. The law allows the judge to impose a prison sentence of up to seven years, along with a fine of up to $10,000 and a mandatory one-year revocation of your license.

How Insurance Affects DWI and DUI Accidents in New York

While the driver who was intoxicated is typically deemed responsible for a car accident, other factors can affect the ability of accident victims in New York to receive compensation.

No-Fault Insurance

New York has a no-fault insurance system, which means that each driver’s insurance policy will kick in to cover their own medical bills and other expenses, regardless of who caused the accident.

When these expenses exceed policy limits, the victim of a drunk driving accident can explore other legal options, such as filing a personal injury lawsuit against the driver who caused their injuries.

Third-Party Liability

Parties other than the drunk driver can also be held liable for an accident. These may include:

• Stores that sold alcohol to the driver: New York’s dram shop law places liability on stores that knowingly sell alcohol to visibly intoxicated people.
• Adults who provided alcohol to minors: Adults who provide alcohol to minors can be held liable for resulting injuries.

If a drunk driver caused a devastating injury to you or a loved one, speak to the compassionate lawyers at The Ahearne Law Firm, PLLC, about how to seek justice and compensation for your losses.

New York State DUI and DWI Charges

DWIs and other charges related to driving under the influence in New York have potentially severe consequences. The following factors may lead to higher fines or longer sentences:

• The driver’s BAC: A BAC of over 0.18 can lead to aggravated DWI charges.
• Previous convictions: A second or third offense may result in harsher penalties.
• The harm the driver caused: The penalties may be more severe when an intoxicated driver causes an accident or injury.

Too many victims of intoxicated drivers have their lives changed forever. The caring personal injury attorneys at The Ahearne Law Firm, PLLC, fight for these victims in the New York legal system.

What Is DWAI?

New York has a separate criminal charge called “Driving While Ability Impaired.” A prosecutor can file this charge when someone’s ability to drive is significantly affected by substances but their BAC is below the legal limit of 0.08.

There are three types of DWAI charges in New York:

• DWAI-Alcohol: A BAC of between 0.05 and 0.07 or other evidence of impairment.
• DWAI-Drug: Impairment due to a drug that is not alcohol.
• DWAI-Combination: Impairment due to the use of alcohol and at least one other substance.

Someone can face a DWAI charge even after taking prescription drugs or over-the-counter medications as long as a law enforcement officer has good reason to believe their driving was impaired.

The consequences for DWAI-Drug and DWAI-Combination convictions are similar to those for DWIs in New York. However, a first DWAI-Alcohol offense is treated somewhat more leniently. It is a traffic infraction that may result in:

• A fine of up to $500
• Jail for up to 15 days
• A 90-day driver’s license suspension

New York law allows for DWAI penalties to increase with each subsequent charge.

The Aftermath of a Drunk Driving Accident

A drunk driver who causes an accident may be held liable for the harm they caused. Victims injured in the accident can seek compensation through a personal injury claim for:

• Damage to vehicles, buildings, or other property
• Medical bills
• Lost wages
• Emotional and physical pain

When an intoxicated driver chooses to put the lives of others at risk, the legal system allows victims and their loved ones to seek justice.

Are Reckless Driving and DWI the Same in New York?

An intoxicated driver can be charged with reckless driving, but this crime is not necessarily related to alcohol or drug impairment. It is a separate offense from DUI or DWI.

New York law defines reckless driving as behaviors that unreasonably endanger other road users. Violators of this law can face misdemeanor charges.