Driving while impaired by drugs vs. driving while impaired by alcohol

By Daniel G. Rodgers

In Suffolk County, New York, "Driving While Intoxicated" (DWI) refers to operating a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher, or showing other signs of intoxication. "Driving While Ability Impaired" (DWAI) applies when the BAC is between 0.05% and 0.07%, or if there's evidence of impairment due to alcohol or drugs, even if the BAC is below 0.05%. DWAI is a lesser offense than DWI. Key Difference:

Suffolk County DWI requires a BAC of 0.08% or higher, while DWAI applies to BACs between 0.05% and 0.07%. 

Suffolk County DWI requires substantial impairment, while DWAI only needs to prove impairment "to any degree". 

Suffolk County DWI generally carries harsher penalties, including longer license suspensions, higher fines, and potential jail time. 

A Suffolk County DWAI charge can also be for impairment due to drugs or a combination of drugs and alcohol, even if the BAC is below 0.05%.