What are the difference in penalties between a DWI and a DWAI in New York?
I am often asked as a Buffalo DWI Attorney by clients what the difference in penalties are between a DWI and a DWAI in New York. A DWI is based on two factors, your blood alcohol content and how you perform on a field sobriety test for the arresting officer. In NYS, the legal BAC is .08 and under.
If you register above a .08 you will be charged with a DWI. I advise clients as a Buffalo DWI Attorney that if you register between a .06 and a .07, you will be given a noncriminal traffic infraction called driving while impaired by alcohol.


