DUI and DWI
A DWI offense, driving while intoxicated, refers to operating a motor vehicle while above the legal limit of intoxication. Throughout the United States, the legal limit of intoxication for drivers is 0.08%.
In the state of New York, however, an individual can still be arrested and charged with a DWI offense even if their blood-alcohol concentration level (BAC) is below the legal limit. This offense is known as a driving while ability impaired offense (DWAI). A DWAI means that the driver's BAC is between 0.05 and 0.07 percent, or there is other evidence that the driver is impaired.
Penalties for DWI/DWAI offenses can include jail time, license suspension, and license revocation, points on your license, fines, misdemeanor charges, felony charges and more. Moreover, DWI charges are rarely expunged from an individual's criminal record.