Originally Posted by
NJGov
DWAI, Driving While Ability Impaired, can be issued for several reasons. It is not exactly like a DUI/DWI.
DWAI is when the officer verifies that your alcohol level is below the legal limit, but still impairing you ability to operate a motor vehicle. It carriers a much less severe penalty than a DWI.
Furthermore, a DWAI is a difficult charge to "prove" in court because it is subjective to the officer's discretion. Yes the BAT showed you in a "hazardous" intoxication level, but still below the legal consumption limit.
Most of the time, DWAIs are used as a reduced penalty for first time DWI/DUI offenders with clean records.
To the OP: If you have even a decent lawyer you can get this cleared from your record without too much trouble. However, let it still be a lesson to you. That cop may have just saved your life and someone else's life that day for stopping you. Don't let it happen again.
Thank you all for your replies. When all is said and done, the best I can do is apply, and the worst that can happen is say no. It just is what it is. As for drinking and driving, it is extremely foolish, and a mistake that I will never repeat in my life. I have always been a proponent for harsher punishment for drunken driving, and still am even in light of my situation. Career aside, I would hate to have to apologize to another’s family for killing someone behind the wheel after drinking.
Again, thanks for the input - Smalls