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Yonkers police lieutenant pleads guilty to DWAI in off-duty crash. How it differs from DWI

A Yonkers police lieutenant has pleaded guilty to “driving while ability impaired” in connection with an off-duty crash that occurred in Bronxville last April.

Lt. Daniel Treacy, a veteran officer with the Yonkers Police Department’s 2nd Precinct, was behind the wheel of his personal vehicle in April 2024 when it jumped a sidewalk and struck a retaining wall.

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Authorities said Treacy was arrested at the scene for operating a motor vehicle under the influence of alcohol or drugs. 

In a recent court appearance, Treacy pleaded guilty to Driving While Ability Impaired (DWAI).

What is the difference between DWI and DWAI in New York?

While often confused, DWAI and Driving While Intoxicated (DWI) are two distinct charges under New York law.

A DWI involves a blood alcohol content (BAC) of 0.08% or higher and is classified as a criminal misdemeanor.

In contrast, DWAI is a lesser offense, usually involving a BAC between 0.05% and 0.07%, or signs of impairment without a high blood alcohol content.

A DWAI is generally considered a traffic infraction, not a criminal charge, though it still carries legal and financial penalties.

What are the terms of Treacy’s plea deal?

Under the terms of the plea deal, Treacy received a one-year conditional discharge, a $500 fine, a $260 court surcharge and a 90-day license suspension. 

He is also required to complete the Impaired Driver Program through the New York State Department of Motor Vehicles.

Treacy remains on Yonkers PD

The Yonkers Police Department confirmed that Treacy remains an active member of the force.

According to the department, its Internal Affairs Division opened an investigation into the incident on the day it occurred. That investigation was paused while the criminal case proceeded.

“Now that his criminal case has concluded, our Internal Affairs Division will continue its investigation to assess and implement departmental charges and disciplinary action,” the department said in a statement.

This article originally appeared on Rockland/Westchester Journal News: Yonkers police lieutenant pleads guilty to DWAI in off-duty crash. How it differs from DWI

Reporting by Michelle Grisales, Rockland/Westchester Journal News / Rockland/Westchester Journal News

USA TODAY Network via Reuters Connect

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