What is the difference between a DUI and a DWAI?
If you are stopped and arrested for a drinking and driving violation and you take either a blood or breath test, those results will normally dictate whether you will initially be charged with a DUI or a DWAI. A DUI, driving under the influence, means you were driving a vehicle when you had consumed alcohol or drugs or both and you were affected to a degree that you were substantially incapable of safely operating the vehicle. Normally, a person initially charged with DUI has a BAC of over 0.08. This is a 12-point driving offense. If you accumulate 12 or more points against your driver’s license in a 12-month period, the DMV will likely suspend your license. There are some exceptions, which is why you should discuss the particular facts of your case with an attorney. A DWAI, driving while ability impaired, means you were driving a vehicle when you had consumed alcohol or drugs or both, in which you were affected to the slightest degree so that you were less able than a sober person woul