DWI vs. DUI: A Critical Distinction for a Drunk Driving Charge in Nassau County

If you’ve been pulled over and arrested after having a few drinks on Long Island, your head is likely spinning with acronyms: DWI, DUI, BAC, DWAI. You might hear the terms “DUI” and “DWI” used interchangeably on TV or by friends, but when you’re facing a drunk driving charge in New York, the difference between them is crucial. In fact, one of them isn’t even a real charge here.

At Hochhauser Criminal and DWI Defense, one of the first things we clarify for our clients is the specific charge they are actually facing. Understanding the language of the law is the first step in building a powerful defense. So, let’s clear up the confusion.

Is There a Difference Between DUI and DWI in New York?

Yes. The most important difference is that DUI (Driving Under the Influence) is not a legal charge in the state of New York. It’s a general term used in many other states, but if you are arrested for drunk driving here in Nassau County, you will be charged under New York’s Vehicle and Traffic Law (VTL § 1192), which uses the terms DWI and DWAI.

If you are searching for a “Nassau County DUI lawyer,” you are looking for an experienced DWI defense attorney. The legal battle you are facing is against a DWI or DWAI charge.

The Real Charges You Can Face in Nassau County

New York law is very specific about the levels of impairment. Here are the actual charges prosecutors in Nassau County will use:

DWI: Driving While Intoxicated

This is the most common drunk driving charge and it is a misdemeanor crime. You can be charged with DWI in two primary ways:

1. Per Se DWI: The police and prosecutors have evidence that your Blood Alcohol Content (BAC) was .08% or higher. With a chemical test result at or above this level, the law presumes you are intoxicated.
2. Common Law DWI: Even without a BAC reading (perhaps due to a refusal to take a breathalyzer), you can be convicted of DWI if the prosecutor can prove your driving ability was clearly impaired by alcohol based on other evidence, such as the officer’s testimony about your driving, your appearance, your speech, and your performance on field sobriety tests.

DWAI: Driving While Ability Impaired

DWAI is a lesser offense, but still has serious consequences.

• DWAI/Alcohol: This is charged when your BAC is between .05% and .07%, or when there is other evidence that your ability to drive was impaired “to any extent” by alcohol. While it is a non-criminal violation, a conviction still results in fines and a 90-day license suspension.
• DWAI/Drugs & DWAI/Combination: If you are found to be impaired by a drug (including marijuana or prescription medication) or a combination of drugs and alcohol, you can be charged with this misdemeanor crime.

Why This Distinction Matters for Your Defense

Understanding the specific charge you face is critical because the defense strategies differ. The evidence needed to prove a DWAI/Alcohol violation is less than what’s needed for a DWI conviction. An experienced attorney can often negotiate a reduction from a criminal DWI charge to a non-criminal DWAI violation, which can save your criminal record.

Here in Nassau County, with aggressive DWI patrols on the Southern State Parkway, the Meadowbrook Parkway, and local roads, arrests are common, especially during the summer. The Nassau County District Attorney’s office prosecutes these cases vigorously. You need a lawyer who is not just a general “DUI lawyer,” but a specialist in New York’s specific DWI and DWAI laws.

Hochhauser Criminal and DWI Defense: Your Local DWI Specialists

As a former Nassau County prosecutor, Richard Hochhauser has handled these cases from both sides. He knows the science behind breathalyzer machines, the protocols for field sobriety tests, and the legal arguments that are most effective in Nassau County courts. We don’t just see a “drunk driving” charge; we see the specific elements the prosecution must prove, and we know how to challenge them.

Whether you were arrested leaving a concert at Jones Beach or after dinner in Garden City, the charge is serious. Don’t rely on general information. Get specific legal advice from a lawyer who lives and breathes New York DWI law.

If you have been arrested for DWI or DWAI in Nassau County, contact us at our Hempstead office for a free, confidential consultation. Call us 24/7 at (516) 939-1529 to speak with an experienced attorney who understands the charges you are actually facing and knows how to fight them.