Understanding DWAI in New York: A Guide by a Top DWI Attorney

Table of Contents

1. What is a DWI?
2. Impaired Driving in New York
3. Types of Impaired Driving Charges
   • DWI: Driving While Intoxicated
   • DWAI: Driving While Ability Impaired
   • DWAI Drugs
   • DWAI Combination of Alcohol and Drugs
4. Defining Legal Impairment
5. Penalties for DWI in New York
   • First Offense DWI
   • First Offense DWAI Drugs
   • First Offense DWAI Combination of Alcohol and Drugs
   • Subsequent Convictions
   • Aggravating Circumstances
6. Additional Penalties for DWI with Personal or Property Damage
7. The Importance of Hiring a Long Island DWI Attorney

💡 What is a DWI in New York?

In response to the dangers posed by people driving under the influence of alcohol, drugs, or both, the police in New York are constantly on the lookout for drivers whose ability to operate their vehicle seems impaired. Prosecutors are actively pursuing charges against anyone accused of driving while impaired by alcohol, drugs, or a combination of the two.

Unlike many other states, New York does not have a specific crime called DUI (Driving Under the Influence). Instead, they use the terms DWI (Driving While Intoxicated) and DWAI (Driving While Ability Impaired). DWI is specifically related to impaired driving as it relates to alcohol. If your blood alcohol content (BAC) is at or above 0.08 percent, you can be charged with DWI.

On the other hand, a DWAI charge can be imposed on a driver who has not reached the 0.08 BAC threshold but is still considered impaired. DWAI in New York is separated into three categories:

1. DWAI: Impairment by Alcohol
2. DWAI Drugs
3. DWAI Combination of Alcohol and Drugs

💡 Types of Impaired Driving Charges

DWI: Driving While Intoxicated

A DWI charge in New York specifically refers to impaired driving related to alcohol. If you drive in New York and your BAC is at or above 0.08 percent, you can be charged with DWI.

DWAI: Driving While Ability Impaired

DWAI encompasses impairment cases where a driver has not reached the 0.08 BAC threshold but is still considered impaired. There are three subcategories of DWAI:

• DWAI: Impairment by Alcohol
• DWAI Drugs
• DWAI Combination of Alcohol and Drugs

DWAI Drugs

A driver can be charged with DWAI drugs if they are alleged to have been operating a motor vehicle while under the influence of recreational and/or prescription drugs that can cause impairment. These substances are listed in the public health law.

DWAI Combination of Alcohol and Drugs

If a driver is alleged to have been driving under the influence of a combination of alcohol and drugs, they will be charged under DWAI Combination of Alcohol and Drugs.

💡 Defining Legal Impairment

To prove impairment for both DWI and DWAI, the government must establish that the alcohol made the driver substantially incapable of operating their vehicle safely. However, for DWAI drugs and DWAI combination of alcohol and drugs, the prosecution only needs to prove that the person's ability to drive was impaired to any degree.

💡 Penalties for DWI in New York

The penalties for a first offense DWI can include a fine between $300 and $500, a 90-day driver's license suspension, and a jail term of up to 15 days. For a first offense DWAI Drugs, the potential penalties include a fine between $500 and $1,000, a 6-month driver's license suspension, three years of probation, and a jail term of up to one year. Similarly, a first offense DWAI Combination of Alcohol and Drugs can result in a fine between $500 and $1,000, a 6-month driver's license revocation, three years of probation, and a jail term of up to one year.

Subsequent convictions, particularly within five years of a previous conviction, may bring on more severe legal penalties, including longer jail sentences, higher fines, and longer periods of license suspension or revocation. Aggravating circumstances can also add to the penalties for a DWI conviction. If personal or property damage takes place while driving impaired, additional penalties may be imposed.

💡 The Importance of Hiring a Long Island DWI Attorney

Because driving while impaired is a serious legal matter that can have severe consequences, it is essential to hire an experienced Long Island DWI attorney if you've been charged with DWI or DWAI in Suffolk County or Nassau County, New York. A skilled attorney can review your case, discuss your defense strategy, and provide options to ensure fair treatment by the justice system. If you find yourself facing a DWI charge, don't hesitate to reach out to top Long Island DWI attorney Jason Bassett for expert legal representation.