⚖ Violation Reference
DWAI — Driving While Ability Impaired (Alcohol)
NY Vehicle & Traffic Law § 1192(1) · Traffic & Driving
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Overview
Driving while your ability is impaired by alcohol (BAC 0.05%–0.07% or impairment below DWI threshold). DWAI is a traffic infraction — not a misdemeanor or crime — but it carries real consequences: up to 15 days jail (first), 90 days (second), and 6-month license suspension. Often offered as a plea reduction from DWI.
Fine Range
$300–$500 (first offense); $500–$750 (second within 5 yrs)
Surcharge
$260
How to Contest
- Negotiate with ADA if facing a DWI — DWAI is a common plea outcome
- Challenge field sobriety test administration
- Challenge the breathalyzer results if BAC was borderline
Common Defenses
- BAC below 0.05% — below DWAI threshold
- Breathalyzer malfunction
- Medical condition
- Rising BAC defense
Legal Information Only. This reference is sourced from publicly available NYC/NYS law. It is not legal advice and does not create an attorney-client relationship. Consult a licensed attorney before taking any action on a legal matter. Need representation? Find an attorney →