10/09/2026
What's the difference between a DWAI (alcohol), a DWI, and an Aggravated DWI? 🤔
The main factor that differentiates these charges is the blood alcohol content (BAC) of the driver. New York State considers drivers with a BAC over 0.04 to be impaired. BAC can be determined through several types of chemical tests: blood, urine, saliva, and breath. It is also important to note that refusing a chemical test (breathalyzer) during or after a stop can incur a separate charge.
Each charge represents a different level of legal impairment, and therefore, will have different levels of consequences. All levels will have a fine (if convicted), and your license will be taken, either through suspension or revocation.