As an experienced Buffalo DWI Attorney, I am often asked what the differences are between a DUI and a DWAI. In New York State, when you are charged with a DWI, it is based on two factors: your BAC, which is your blood alcohol content and on the observations of the officer on how you performed on certain tests. The legal BAC in New York State is .08 or under. If you register above .08, you will be charged with driving while intoxicated.
If you register .06 or .07 BAC, you will be charged with a noncriminal traffic infraction called driving while impaired by alcohol (DWAI).
Have you been charged with an alcohol related offense? Contact experienced Attorney Arthur Pressman to guide you.