What is DWAI in New York? Understanding the “Buzzed Driving” Law
Amir Sadaghiani

When people think about drunk driving in New York, the term DWI (Driving While Intoxicated) usually comes to mind. But New York has another charge that’s unique compared to many other states: DWAI, or Driving While Ability Impaired.

This charge often confuses drivers because it falls between legal and fully illegal. Here’s what you need to know.

DWAI vs. DWI in New York: What’s the Difference?

 

DWI:  You’re considered legally drunk if your blood alcohol concentration (BAC) is 0.08% or higher. That’s the standard across most of the U.S.  

DWAI:  In New York, you can still get in trouble even if your BAC is below 0.08%.  A DWAI means you’ve had enough alcohol or drugs to impair your driving ability, but not necessarily enough to hit the “drunk driving” threshold.

👉 Think of DWAI as “buzzed driving.”  You might not feel totally drunk, but your ability to drive safely is reduced.

Different Types of DWAI

  • DWAI-Alcohol:  BAC of 0.05% to 0.07% or showing clear signs of impairment even if under the limit.  This is a violation.
  • DWAI-Drugs:  Driving while impaired by drugs (prescription, over-the-counter, or illegal).  This can be a misdemeanor or felony offense in New York State.
  • DWAI-Combination:  A mix of alcohol and drugs makes you unsafe to drive.  This can also be a misdemeanor or felony offense in New York State.

Penalties for DWAI (violation) in New York

DWAI is considered less serious than a DWI, but it still comes with tough consequences.

  • First Offense: Up to 15 days in jail, $300–$500 fine, 90-day license suspension.
  • Repeat Offenses: (within 5–10 years) bring harsher fines, longer suspensions/revocations, and possible months in jail.

Why DWAI Exists

New York created the DWAI category to close the gap between safe driving and full-blown DWI. The idea is simple:

  • Even a “few drinks” can slow your reaction time and impair judgment.
  • Buzzed driving is still dangerous — and New York law treats it that way.

The Bottom Line: In New York, you don’t have to be legally “drunk” to face criminal charges for impaired driving.  DWAI is the state’s way of saying that buzzed driving is still against the law.

If you’re behind the wheel, the safest choice is always the same: don’t drink or use drugs before driving.

 

 

The information you obtain on this site is not, nor is it intended to be, legal advice.  You should consult an attorney for advice regarding your individual situation.  We invite you to contact us via telephone at 845-469-7577.