Is a DWAI a Misdemeanor?
Driving While Ability Impaired (DWAI) is a criminal offense in the United States that involves driving a vehicle while impaired by alcohol or drugs. While it is often referred to as a "misdemeanor," the answer to this question is not always straightforward. In this article, we will explore the nuances of DWAI and determine whether it is indeed a misdemeanor.
What is DWAI?
DWAI is a criminal offense that is similar to Driving Under the Influence (DUI). However, while DUI involves having a blood alcohol concentration (BAC) of 0.08% or higher, DWAI does not have a specific BAC threshold. Instead, it focuses on the driver’s ability to operate a vehicle safely.
Is DWAI a Misdemeanor?
The answer to this question depends on the state in which you are charged with DWAI. In some states, DWAI is considered a misdemeanor, while in others it is considered a traffic infraction or a felony.
Misdemeanor States
In states that consider DWAI a misdemeanor, the penalties are typically similar to those for a DUI. These penalties may include:
- Fines: Fines can range from $500 to $2,000 or more, depending on the state and the circumstances of the arrest.
- Jail Time: Jail time can range from a few days to several months, depending on the state and the severity of the offense.
- License Suspension: Your driver’s license may be suspended for a period of time, ranging from 30 days to a year or more.
- Ignition Interlock: You may be required to install an ignition interlock device in your vehicle, which requires you to provide a breath sample before starting the engine.
Here are some examples of states that consider DWAI a misdemeanor:
| State | Penalty |
|---|---|
| California | Up to 6 months in jail, $1,000 fine |
| Colorado | Up to 1 year in jail, $500 fine |
| New York | Up to 1 year in jail, $500 fine |
| Texas | Up to 180 days in jail, $2,000 fine |
Infraction States
In states that consider DWAI a traffic infraction, the penalties are typically less severe than those for a misdemeanor. These penalties may include:
- Fines: Fines can range from $50 to $500 or more, depending on the state and the circumstances of the arrest.
- License Suspension: Your driver’s license may be suspended for a period of time, ranging from 30 days to a year or more.
- Community Service: You may be required to perform community service, such as cleaning up roadsides or serving at a soup kitchen.
Here are some examples of states that consider DWAI a traffic infraction:
| State | Penalty |
|---|---|
| Arizona | Up to $750 fine, 30-day license suspension |
| Florida | Up to $500 fine, 30-day license suspension |
| Illinois | Up to $500 fine, 30-day license suspension |
| Ohio | Up to $250 fine, 30-day license suspension |
Felony States
In states that consider DWAI a felony, the penalties are typically more severe than those for a misdemeanor. These penalties may include:
- Jail Time: Jail time can range from several months to several years, depending on the state and the severity of the offense.
- Fines: Fines can range from $1,000 to $10,000 or more, depending on the state and the circumstances of the arrest.
- License Revocation: Your driver’s license may be revoked for a period of time, ranging from 1 to 5 years or more.
- Ignition Interlock: You may be required to install an ignition interlock device in your vehicle, which requires you to provide a breath sample before starting the engine.
Here are some examples of states that consider DWAI a felony:
| State | Penalty |
|---|---|
| Michigan | Up to 5 years in prison, $5,000 fine |
| Minnesota | Up to 4 years in prison, $4,000 fine |
| Wisconsin | Up to 3 years in prison, $3,000 fine |
Conclusion
In conclusion, whether a DWAI is considered a misdemeanor, infraction, or felony depends on the state in which you are charged. While the penalties for DWAI are often less severe than those for DUI, they can still have a significant impact on your life. If you have been charged with DWAI, it is important to consult with an experienced attorney who can help you navigate the legal system and achieve the best possible outcome.
