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Many people who have been caught driving under the influence of drugs and alcohol could be charged with a range of crimes from driving under the influence (DUI) to driving while ability impaired (DWAI).
If you are one of the millions of Americans who have been charged with a DUI or DWAI, you may be wondering: What is the DWAI meaning, what are the differences between these two charges and what can you do to lessen their impact?
Here is what you need to know to minimize the effects of your sentencing and maintain your driving record with a DWAI charge. Keep reading to find out more, and learn how Rehabs Of Armerica can help you get support for a reduced or eliminated sentence now!
While most people are aware of what a DUI charge means for their record, they are less familiar with driving while ability impaired which is what DWAI stands for. People may qualify for the less serious DWAI conviction if their blood alcohol content is elevated but still relatively low.
For the most part, BAC should be between 0.05 percent and 0.08 percent in most states. On the other hand, a DUI typically means that you had a blood alcohol content over the legal limit of 0.08 percent or higher. This can be determined via a breath test or a blood test.
Keep in mind that you will want to submit to these tests as some states have policies that a test refusal implies guilt and an automatic DWAI charge.
DWAI charges are confined to New York State and Colorado only. However, there are other charges that you may face similar to DWI and DWAI in all fifty states if you are suspected of drinking or drugged driving or under the combined influence of both. An accredited DUI rehab program can often help just as much with similar charges, including Driving While Ability Impaired charges.
No matter what state you find yourself having issues, the staff at Find Addiction Rehab can help, with accredited facility partners across the US and nationwide resources for all things related to treatment and recovery.
If you are behind the wheel of a motor vehicle with more than the legal limit of alcohol or drugs in your system, you are likely to face penalties. Of course, there are benefits to a DWI conviction over a more serious DUI.
First and foremost, it does not automatically mean that you will suffer license suspension. This means that you will still be able to get around town without relying on friends and family members to help you. In today’s modern age, this lack of a license suspension alone is worth arguing for a DWAI offense instead of a DUI charge.
Driving while ability impaired with a lower blood alcohol level can trigger less serious fines and even jail time compared to DUIs. You may also be sentenced to fewer community service hours with a DWAI offense.
It is important to note here that repeated convictions, even of the DWAI variety, will lead to escalating consequences no matter what state you live in. If you have an ignition interlock device, you should always heed it when getting behind the wheel of the car.
The good news is that you can choose to fight DWAI charges, but it might cost you legal fees. You can only be charged with DWAI if you actually have impaired driving that results in being pulled over. The case may be thrown out if the arresting officer detains you unlawfully and without probable cause, but this is relatively rare.
You should also note that if you fail a field sobriety test or a subsequent blood or EtG test of your urine for alcohol, you are likely to lose the argument that you were not driving while ability impaired. This may or may not be a successful defense, especially if this is a second offense or greater.
However, you can also try to get DUI charges downgraded to DWAI charges which carry a lesser consequence, fewer hours of community service, lower mandatory fines, and no license suspension.
Any type of charge related to drinking or drugged driving is serious and should be taken as such. That being said, you can choose to fight DWAI charges and one of the best ways to do that is by being proactive in your treatment.
Beyond just the impact on your driving record and the need to complete community service, you may want to lessen the likelihood of jail time or a mandatory fine.
Legal representation can help you with this but seeking treatment for a drug or alcohol problem preemptively can give you more than just the slightest degree of benefit when it comes to your case.
Once you have this criminal charge levied against you, an attorney can only argue that you did not have a blood alcohol concentration in excess of the legal limit or that it did not impair your driving. A free consultation with an attorney might illuminate whether this is likely to be a successful tactic.
Before court ordered rehab becomes a reality, it can make sense to reach out to our team at Rehabs Of Armerica. We offer resources for detox and inpatient treatment programs nationwide that can help with the dismissal of charges when your efforts are seen by the Judge.
On the other hand, you can take steps to prove that you are taking the charges seriously and plan to safely operate your vehicle in the future. Seeking treatment for a drug or alcohol problem is a necessity to help you avoid serious jail time, lessen the potential sentencing, and find favor with a judge.
While you may have to pay a mandatory fine for your actions, it can have a positive effect on the long-term outcome of your case. Plus, you will receive the help you need for an alcohol or drug use issue that put you in this position in the first place. Rehab is a win-win situation for all involved in the process.
While there are no guarantees for the outcome of this severe charge, you might find that you get the help you need and lessen the following penalties simply by enrolling in an inpatient rehab center or seeking partial hospitalization and outpatient treatment.
If you find that you are charged with a DWAI offense, you need to get into treatment to prove how seriously you are taking the charges. A breath test might have indicated that you were driving while ability impaired, but you can lessen sentencing by showing your commitment to a newly-sober lifestyle.
Rehabs Of Armerica can help you to find the perfect accredited center that meets your needs. We have partner facilities across the country to help you find something that meets every need you may have: detox, inpatient, outpatient, and partial hospitalization.
If you are ready to begin treatment for a substance use issue, reach out to us today to learn more about our services. All calls are confidential, so call to get options now!
Edward lives and works in South Florida and has been a part of its recovery community for many years. With a B.A. in English Literature from the University of Massachusetts, he works to help Find Addiction Rehabs as both a writer and marketer. Edward loves to share his passion for the field through writing about addiction topics, effective treatment for addiction, and behavioral health as a whole. Alongside personal experience, Edward has deep connections to the mental health treatment industry, having worked as a medical office manager for a psychiatric consortium for many years.
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