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In most states, DWAI is a misdemeanor. DWAI (Driving While Ability Impaired) is a lesser criminal charge to it's higher charge of DWI (Driving While Intoxicated). You can be charge with DWAI if your BAC is .05 to .08, or if a prosecutor can successfully prove you were driving impaired. To be charged with DWI, your BAC needs to be .08 or higher, could also involve the failure of a roadside sobriety test. A person charged with DWI may plead guilty to the lesser charge of DWAI, if the prosecutor and judge agree. But it really doesn't buy you much. Basically, your fines, license suspension, and probation is less. But, the scar remains on your criminal record for life, same as DWI. So, when an employer asks if you have ever been convicted of a felony or misdemeanor, if you were charged with a DWAI, you need to answer "Yes."

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