Driving While Ability Impaired (DWAI) is a:
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Traffic infraction.
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Criminal infraction.
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A class E felony.
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A misdemeanor.
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Explanation
In New York State, Driving While Ability Impaired (DWAI) is classified as a traffic infraction. However, Driving While Ability Impaired by drugs (DWAI-Drug) and Driving While Ability Impaired by both alcohol and drugs (DWAI-Combination) are misdemeanors for a first offense and Class E felonies for a second offense within 10 years.
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