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Firm Articles & Updates

What is driving while ability impaired (DWAI)?

by Seth Azria on 2/03/2015

Driving while intoxicated (DWI) can be charged as either a misdemeanor or felony offense whereas as charge of driving while ability impaired (DWAI) is a violation and therefore non-criminal. 

A conviction for the first DWAI, either after trial or as a result of plea bargain, is a non-criminal offense and the penalties are:

  • A fine between $300-$500 and up to 15 days in jail, or both a fine and jail.

  • A Court surcharge of $265.

  • A DMV Driver Responsibility fine of $250 each year for 3 years for a total of $750.

  • A Period of Probation, Conditional Discharge, or up to 15 days of incarceration.

  • 90 day Driving License Suspension.

In negotiations with the prosecutor, securing a reduction from a DWI to far less severe, DWAI is a goal that your attorneys often seek when clients are charges with DWI when trial is not a good option. Please call (315) 364-1155 for free case evaluation to discover if your DWI might be reduced to a DWAI.  

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