In New York, Driving While Ability Impaired (DWAI) is a charge given to drivers whose ability to operate a motor vehicle is impaired by alcohol, drugs, or a combination of both. While not as severe as the more commonly known Driving While Intoxicated (DWI), a DWAI conviction still carries significant consequences and penalties. Understanding what constitutes DWAI and how to handle such charges is essential for anyone facing this situation.
What is DWAI?
DWAI refers to a situation where a person is operating a vehicle, and their ability to do so safely is impaired due to the influence of alcohol, drugs, or both. It is a less serious offense compared to DWI (Driving While Intoxicated), but it still involves impairment, which can affect the driver’s judgment and response times.
There are two types of DWAI charges in New York:
DWAI-Alcohol: This occurs when a person’s blood alcohol content (BAC) is between 0.05% and 0.07%. If a driver’s BAC is 0.08% or higher, they can be charged with DWI, which is a more serious offense. However, DWAI-Alcohol is still a criminal offense and carries penalties.
DWAI-Drugs: This charge occurs when a driver is impaired by drugs, which can be prescription medication, over-the-counter drugs, or illegal substances. Even if the drugs are legally prescribed, if they impair the ability to drive, a DWAI-Drugs charge can be made.
Legal Consequences of DWAI in New York
While a DWAI charge is less severe than a DWI, it still comes with important penalties. The severity of the penalties depends on the specifics of the case, including whether it’s a first-time offense or a repeat violation.
1. DWAI-Alcohol Penalties:
- Fines: For a first-time offense, the fine ranges from $300 to $500. Subsequent offenses may result in higher fines.
- Jail Time: A first offense can result in up to 15 days in jail. Repeat offenders may face more extended jail sentences.
- License Suspension: A first offense typically results in a 90-day driver’s license suspension. A second or subsequent offense can lead to a longer suspension period.
- Mandatory Programs: The court may require attendance at an alcohol or drug education program, as well as other rehabilitation efforts.
- Insurance: A DWAI conviction can lead to increased insurance premiums, as insurers may categorize the driver as a higher risk.
2. DWAI-Drugs Penalties:
- Fines: For DWAI-Drugs, the fines for a first offense range from $500 to $1,000. Repeat offenders face higher fines.
- Jail Time: The penalty may include up to 15 days in jail for a first-time conviction, but the severity increases with repeat offenses.
- License Suspension: A conviction could result in the suspension of a driver’s license for up to 6 months or longer for subsequent offenses.
- Drug Education: Like DWAI-Alcohol, those convicted of DWAI-Drugs may be required to attend educational or rehabilitation programs.
3. DWAI Lawyer New York Other Possible Penalties:
- Probation: A driver may be placed on probation, which involves regular check-ins with the court to ensure compliance with sentencing.
- Community Service: The court may require the individual to perform community service as part of their sentence.
- Criminal Record: A DWAI conviction will appear on a driver’s criminal record, which could affect future job opportunities or personal matters.
How Does DWAI Differ from DWI?
In New York, DWAI is a less severe offense compared to DWI (Driving While Intoxicated). Here are the key differences:
DWAI-Alcohol: A driver’s BAC is between 0.05% and 0.07%.
DWI-Alcohol: A driver’s BAC is 0.08% or higher. DWI carries more severe penalties, including larger fines, longer license suspensions, and mandatory alcohol education programs.
DWAI-Drugs: Implies impairment by any drugs, prescription or illegal.
DWI-Drugs: Similar to DWI-Alcohol, but involving impairment due to drugs.
What to Do if You’re Charged with DWAI
If you’ve been charged with DWAI in New York, it’s essential to take the situation seriously and seek professional legal help. Here are the steps you should consider:
Consult an Experienced DWAI Lawyer: An attorney with experience in handling impaired driving charges can guide you through the legal process, protect your rights, and work on minimizing penalties. A good lawyer can help assess the strength of the evidence against you and develop a defense strategy.
Know Your Rights: If you are stopped by police on suspicion of DWAI, you have the right to remain silent and to not answer questions that may incriminate you. You also have the right to refuse field sobriety tests, but refusal could lead to automatic penalties.
Assess the Evidence: A lawyer will help analyze the evidence in your case, including the results of breathalyzer tests (for DWAI-Alcohol) or drug tests (for DWAI-Drugs). Mistakes or improper procedures during testing could work in your favor.
Consider Plea Bargains: In some cases, it may be possible to negotiate a plea deal with the prosecution, potentially reducing the charges or penalties.
Prepare for Court: If your case goes to trial, your lawyer will represent you in court, argue your defense, and work to minimize any potential convictions or penalties.
How to Avoid a DWAI Charge
The best way to avoid a DWAI charge is to make responsible choices regarding driving under the influence:
- Avoid Alcohol or Drugs Before Driving: If you plan on driving, ensure you are completely sober.
- Designate a Driver: If you plan on drinking, arrange for a designated driver to ensure everyone gets home safely.
- Use Public Transportation or Ride-Sharing: In New York, taxis, buses, and ride-sharing services like Uber and Lyft are readily available and can be great alternatives to impaired driving.
- Know the Legal Limits: Be aware of New York’s BAC limits and drug impairment laws to understand when you could face legal consequences.
Conclusion
Driving While Ability Impaired (DWAI) is a serious charge in New York, and even though it is a lesser offense than DWI, it can still have significant legal and personal consequences. If you’re charged with DWAI, understanding the penalties, consulting with a qualified lawyer, and knowing your rights can make all the difference in the outcome of your case. Always make sure to drive responsibly, and if in doubt, avoid getting behind the wheel when you are impaired.
