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What's the Difference Between a DWI and a DWAI?

Even if you did not have a BAC of 0.08, police officers can still issue a Driving While Ability Impaired by Alcohol.

Driving while intoxicated can lead to serious criminal charges, especially if it's a second or third offense or if an accident or personal injury resulted due to the DWI. Even if you do not have a blood alcohol content of 0.08, which represents the legal limit, you may still be charged with a DWAI. While this isn't a criminal offense, it is still a costly traffic infraction.

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Appealing a DWI Conviction

Even after an individual has been convicted of driving while intoxicated, it is not the end of the line for the legal process. When faced with DWI charges, all legal options should be exhausted to ensure a fair court proceeding, free of any legal error. There are two arguments that can be made to try to appeal a DWI. The first is that a plain error of law was made during the trial that affected the defendant's substantial rights. The second is arguing the evidence did not support the conviction.

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Charged With a DWI? You Have a Lot to Consider

Being arrested and charged with a DWI can be scary and overwhelming, and alcohol- and drug-related crimes carry serious penalties. The level of impairment—affecting coordination, judgment, and the ability to drive—depends on certain factors. The amount of alcohol consumed, the amount of food consumed prior to intoxication, and body weight all influence blood-alcohol (BAC) levels. In New York State, driving with a BAC of .08 is evidence of intoxication, although for commercial motor vehicles, the acceptable limit is .04.

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