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www.ithacadwi.com The primary difference between the New York charge of DWI (Driving While Intoxicated) and DWAI (Driving While Ability Impaired) is that DWI is a criminal misdemeanor while a DWAI is a traffic infraction, a violation. The DWI has substantially higher fines and costs associated with it as well. If your blood alcohol level, your BAC, was greater than .05 and less than .08, you can be charged with DWAI. If your BAC is .08 or greater, you can be charged with DWI per se. You can still be charged with common law DWI “without any” BAC level, as in the refusal case. With the charge of DWI common law, the prosecutor will have to prove your intoxication based upon the officer’s observations of your behavior and your performance on the FSTs (Field Sobriety Tests). With the charge of DWAI, the prosecutor only has to prove any extent of impairment in your ability to drive. To learn more about how DWI cases work in the state of New York, I encourage you to explore my educational website http If you have legal questions, I urge you to pick up the phone and call me since I can answer your legal questions at 607-229-5184 or by e-mail at newman.lawrence@gmail.com. I welcome your call. Criminal Defense Attorney Larry Newman www.ithacadwi.com

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