What’s the Difference Between a DWI and a DWAI?

If a police officer has pulled you over on suspicion of driving under the influence of alcohol, the officer will look for signs that indicate your level of intoxication.

In many cases, the officer will have pulled you over for a violation of traffic laws, such as swerving between lanes, running a stop sign, or speeding. Once you have been stopped and asked to present your license and insurance information, the police officer will then look for any signs of intoxication, such as glassy eyes or slurred speech. If the officer believes you may be intoxicated, he or she will ask you to step out of the vehicle and ask you to take a field sobriety test. This typically involves a physical test like the horizontal gaze nystagmus, the walk-and-turn, or the one-leg stand to judge your level of impairment. At this point, if the officer believes you have been driving under the influence of alcohol, you will be asked to take a breathalyzer test.


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Appealing a DWI Conviction

Even after an individual has been convicted for driving while intoxicated, it is not the end of the line for the legal process, as a Colorado resident recently discovered.

In 2005, police arrested Isidore Griego for a DUI after he ran a red light and crashed into a road sign, according to ABC affiliate KMGH. In 2006, they arrested him for another DUI after he passed out in his car. In 2010, after several more DUIs, a court convicted Mr. Griego, and a judge sentenced him to four years in prison for attempted reckless manslaughter and attempted second degree assault, all based on his history of driving while intoxicated.
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Charged With a DWI? You Have a Lot to Consider

Being arrested and charged with a DWI can be scary and overwhelming, and alcohol- and drug-related crimes carry serious penalties.

The level of impairment—affecting coordination, judgment, and the ability to drive—depends on certain factors. The amount of alcohol consumed, the amount of food consumed prior to intoxication, and body weight all influence blood-alcohol (BAC) levels. In New York State, driving with a BAC of .08 is evidence of intoxication, although for commercial motor vehicles, the acceptable limit is .04.

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