Drinking and driving can constitute a few different types of driving violations – driving under the influence, driving while ability impaired, etc. Probably, the one that you are most familiar with is driving under the influence (DUI). This is a crime in the state of Connecticut, as well as other states in the United States. But, some states consider driving while ability impaired (DWAI) a crime. They have their own drinking and driving related crimes that you might not know too much about.
On this page, I will discuss driving while ability impaired (DWAI), a drinking and driving crime in some states. While Connecticut does not have a DWAI charge, some nearby states, such as New York, do. Here, you can learn some basic differences between DUI and driving while ability impaired.
You can face a DUI charge if your blood alcohol content (BAC) is above .08% at the time that you operate a motor vehicle. The crime carries many different penalties that will change based on how many previous DUIs you have been convicted of. Common penalties include:
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DUI is a drinking and driving charge that you might face in Connecticut. And while the countrywide level of intoxication is decided at .08% BAC, some states have their own rules.
Driving while ability impaired differs from a DUI in how it gets defined and punished. DWAI is not a crime in Connecticut, but it is a crime in New York. You could face this charge if driving in New York or another state that considers driving while ability impaired a driving infraction.
You could face a DWAI charge if you are driving with a BAC of .05-.07. While this is not necessarily considered a crime, it is considered a traffic infraction. This means that it carries penalties. But, keep in mind that these penalties will likely be less serious than the penalties for a DUI. DWAI also carries penalties such as a fine, jail time, and license suspension. But, these are lower penalties than for a DUI.
DWAI is not prosecuted in Connecticut. Because of this, Connecticut drivers driving in New York do not face DWAI charges. Because Connecticut is a sister state of New York that does not have this crime, you don’t get charged in New York.
If you have faced a DWAI charge in New York, contact our office. If you have a Connecticut license, we can help you get the charges dismissed. For more information, please contact our office.
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