DWI, DWAI and Aggravated DWI
New York DMV materials identify DWI at .08 BAC or higher, aggravated DWI at .18 BAC or higher, and alcohol-based DWAI at more than .05 up to .07 BAC. Drug and combined alcohol/drug impairment are addressed separately. These categories can carry different criminal and licensing consequences.
Why the Details Matter
A first-offense DWI can involve criminal penalties and license consequences, while repeat offenses can be treated more seriously. Chemical-test refusal can create a separate DMV process. General penalty tables are not a substitute for reviewing the actual accusatory instruments, testing evidence, stop, arrest, and prior history.
Useful Next Steps
If you have paperwork, keep it available. Note court and DMV dates. Avoid relying on a general article to decide whether to speak with police, prosecutors, or other investigators about the facts of the case.