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Driving While Ability Impaired (DWAI)

This is a lower alcohol-related offense. Many states do not even recognize the charge of DWAI. If you have a legal limit of 0.05 to 0.08, you will be charged with DWAI. In a DWAI case, the prosecution must prove beyond a reasonable doubt that you drove or had actual physical control of a vehicle when you consumed enough alcohol that it affects you to the slightest degree that you are less able than you ordinarily would have been to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

DWAI is also a reduced charge for plea-bargaining purposes. It is a common resolution because the conviction for DWAI does not trigger a license suspension due to excessive points. However, even if you plead guilty to DWAI, your license may be suspended if the DMV finds your BAC was over 0.08 while driving. If a minor driver (under 21) is convicted of DWAI, his or her license is revoked for one year.

    1)    First DWAI conviction with no priors

            - 2 days to 6 months jail
            - 24 to 48 hours public service (24 mandatory)
            - $300 to $500 fine
            - attend M.A.D.D. victim impact panel
            - likely one year probation
            - court costs
            - 8 points on your license

    2)    DWAI conviction with a prior DWAI

            - 45 days to 12 months jail
            - 48 to 96 hours useful public service (48 mandatory)
            - $300 to $1000 fine
            - attend M.A.D.D. victim impact panel
            - court costs
            - 8 points on your license

            All but 5 days of the jail may be suspended if you complete and pay for a Level I or II

            alcohol/drug education program and therapy as recommended by an evaluation.

    3)    DWAI conviction with a prior DUI, vehicular homicide, Driving Under Restraint, or 

            vehicular assault

            - 60 days to 12 months jail (6 days mandatory minimum)
            - $400 to $1000 fine
            - 52 to 104 hours useful public service
            - attend M.A.D.D. victim impact panel
            - court costs
            - 8 points on your license