What is the difference between a DUI and a DWI in the state of New York?

In the state of New York, the difference between a DUI (Driving Under the Influence) and a DWI (Driving While Impaired) is subtle but important. A DUI is considered a more serious charge than a DWI. A DUI charge is typically used when a driver has a blood alcohol content (BAC) level of 0.08 or above while operating a motor vehicle. This is considered “driving under the influence” and is a criminal offense. A DWI charge is typically used when a driver has a “per se” limit of BAC level between 0.05 and 0.07 while operating a motor vehicle. This is considered “driving while impaired” and is technically a traffic violation, however, it can still result in penalties including fines and a license suspension. Furthermore, if a driver is charged with a DWI and then asked to take a breathalyzer test and the BAC is found to be higher than 0.08, then they can be charged with a DUI. This means that a DWI can quickly escalate to a DUI. In summary, the difference between a DUI and DWI in the state of New York is the BAC level of the driver at the time of the arrest. For a DUI, the driver must have a BAC level of .08 or higher, and for a DWI the driver must have a per se limit of between .05 and .07.

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What is the difference between a DUI and a DWI in the state of New York?

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