DWAI Drugs

What is Driving While Ability Impaired by Drugs

Driving while ability impaired by drugs (DWAI-Drugs) is a serious offense in New York State, and the consequences of a conviction can be severe. If you or a loved one has been charged with DWAI-Drugs, it is essential to seek legal representation immediately. The experienced attorneys at Viscosi Law are ready to fight for your rights and defend you against these charges.

DWAI-Drugs refers to operating a motor vehicle while impaired by the use of drugs, either legal or illegal. This can include prescription medications, over-the-counter drugs, and illicit substances. It is illegal to drive with any amount of drugs in your system that impairs your ability to operate a vehicle safely.

If you are charged with DWAI-Drugs, you could face serious penalties, including fines, license suspension, and even jail time. The consequences can be even more severe if you have prior DWI or DWAI convictions on your record.

At Viscosi Law, we understand how overwhelming and stressful a DWAI-Drugs charge can be. Our attorneys are dedicated to providing you with personalized, aggressive representation to achieve the best possible outcome for your case. We will investigate the circumstances surrounding your arrest, challenge the evidence against you, and fight tirelessly to protect your rights and your future.

If you are facing DWAI-Drugs charges, don’t hesitate to contact Viscosi Law today. We offer a free consultation to discuss your case and explain your legal options. Let us put our experience and expertise to work for you and help you get the justice you deserve.

Facts About DWAI by Drugs in New York

• Driving while impaired by drugs is a serious problem in the United States, causing thousands of accidents, injuries, and deaths every year.
• According to the National Highway Traffic Safety Administration (NHTSA), drugs were involved in 43% of fatal crashes in 2015, with 37% of drivers testing positive for illegal, prescription, or over-the-counter drugs.
• The use of marijuana, opioids, and other drugs has been on the rise in recent years, contributing to the increase in drug-related accidents.
• In New York State, the penalties for driving while ability impaired by drugs are severe and can include fines, jail time, and license revocation.
• In addition to criminal charges, drivers who cause accidents while impaired by drugs can also be held liable for any injuries or damages they cause, and may be sued in civil court.
• It is important for anyone who is injured in a drug-related accident to seek the advice of an experienced personal injury attorney who can help them understand their legal options and seek compensation for their losses.

Possible Charges for DWAI by Drugs

The possible charges for Driving While Ability Impaired by Drugs (DWAI-Drugs) in New York depend on the specific circumstances of the case. Some of the common charges include:

DWAI-Drugs

DWAI-Drugs stands for “Driving While Ability Impaired by Drugs” and is a criminal offense in which an individual operates a motor vehicle while under the influence of drugs to a degree that impairs their ability to operate the vehicle safely. This can include both illegal drugs, such as marijuana or cocaine, as well as prescription medications and over-the-counter drugs that can cause impairment. In New York, a driver can be charged with DWAI-Drugs if their ability to operate a vehicle is impaired to any extent, regardless of the amount of drugs in their system. The penalties for a DWAI-Drugs conviction can be severe, including fines, license suspension, and even jail time.

Driving under the Influence of Drugs (DUI-Drugs)

Driving under the Influence of Drugs (DUI-Drugs) refers to the act of operating a motor vehicle while under the influence of drugs, including prescription medications and illegal drugs. Like DWAI-Drugs, DUI-Drugs is illegal in New York and can result in serious penalties. However, DUI-Drugs charges are typically reserved for situations where the driver’s ability to operate a vehicle safely is significantly impaired. 

This impairment can be proven through chemical tests, such as blood or urine tests, that detect the presence of drugs in the driver’s system. If you are charged with DUI-Drugs in New York, it is important to seek legal representation to protect your rights and ensure the best possible outcome for your case.

Aggravated DWAI-Drugs

Aggravated DWAI-Drugs is a criminal charge in New York that refers to a situation where a person operates a motor vehicle while impaired by drugs and causes serious injury or death to another person. This charge can also be applied if the driver has a child under the age of 16 in the vehicle with them while under the influence of drugs. Aggravated DWAI-Drugs is considered a more serious offense than DWAI-Drugs and carry harsher penalties.

Vehicular Manslaughter

Vehicular Manslaughter is a crime that involves the death of another person due to the operation of a motor vehicle while committing a traffic violation or while under the influence of drugs or alcohol. It is a serious offense with severe penalties, including lengthy imprisonment and fines. In New York, Vehicular Manslaughter can be charged in the second degree or first degree, depending on the circumstances of the case. Second-degree Vehicular Manslaughter is a Class D felony and can carry up to 7 years in prison, while first-degree Vehicular Manslaughter is a Class C felony and can carry up to 15 years in prison.

Reckless Driving

Reckless driving and DWAI by drugs are often associated because the impaired state caused by drug use can lead to reckless driving behavior. Reckless driving refers to driving with a willful or wanton disregard for the safety of others. This can include excessive speeding, weaving in and out of lanes, running red lights or stop signs, and other dangerous driving behaviors. When combined with DWAI by drugs, the potential for serious accidents and injuries increases. Reckless driving is a severe offense and can result in additional charges and penalties.

Endangering the Welfare of a Child

Endangering the Welfare of a Child is a charge associated with a DWAI by drugs if a child was present in the vehicle at the time of the offense. In New York, it is a crime to endanger the physical, mental, or moral welfare of a child under 17. If a person is charged with a DWAI by drugs while a child is in the vehicle, they may also face charges of Endangering the Welfare of a Child. The severity of the charge depends on the circumstances of the case, but it can result in significant fines and jail time.

The specific charges and penalties for DWAI-Drugs in New York can vary based on factors such as the driver’s blood alcohol content (BAC), prior convictions, and the severity of the offense. It is crucial to seek legal representation from an experienced attorney if facing any of these charges.

Possible Penalties for DWAI by Drugs

In New York, the penalties for Driving While Ability Impaired by Drugs (DWAI-Drug) depend on the case’s specific circumstances. Generally, the penalties for a DWAI-Drug conviction can include:

1. First Offense: A fine between $500 and $1,000, up to 1 year in jail, and a license suspension for at least 6 months.
2. Second Offense Within 10 Years: A fine between $1,000 and $5,000, up to 4 years in jail, and a license suspension for at least one year.
3. Third Offense Within 10 Years: A fine between $2,000 and $10,000, up to 7 years in jail, and a license revocation for at least one year.

In addition to these penalties, a person convicted of DWAI-Drug may be required to complete a drug treatment program and install an ignition interlock device on their vehicle.

These penalties can vary depending on the case’s specific circumstances, such as the driver’s age, prior criminal record, and level of impairment at the time of the arrest. It’s also essential to seek the guidance of an experienced attorney who can provide legal advice and representation in a DWAI case.

Steps to Take if Charged With DWAI by Drugs?

If you are charged with a DWAI by drugs, it is crucial to take the following steps:

1. Hire an Experienced Attorney: It is essential to hire a skilled attorney who can guide you through the legal process and protect your rights. Viscosi Law has extensive experience defending individuals charged with DWAI by drugs.
2. Understand the Charges: Your attorney will explain the charges against you and the potential consequences, including fines, license suspension, and jail time.
3. Review the Evidence: Your attorney will carefully review the evidence against you, including police reports, blood test results, and witness statements, to identify any weaknesses in the prosecution’s case.
4. Develop a Defense Strategy: Based on the evidence and circumstances of your case, your attorney will develop a defense strategy tailored to your situation.
5. Negotiate with the Prosecutor: In some cases, it may be possible to negotiate a plea bargain with the prosecutor, which could result in reduced charges or penalties.
6. Fight the Charges in Court: If necessary, your attorney will represent you in court and work to demonstrate your innocence or mitigate the charges and penalties.
7. Follow all Court Orders: Following any court orders, such as attending drug treatment or abstaining from drug use, is crucial to avoid further legal consequences.

Taking the charges seriously and working closely with an experienced attorney to defend your rights and achieve the best possible outcome is crucial.

Possible Defenses for a DWAI

Possible defenses for a DWAI (Driving While Ability Impaired) charge can include:

1. Lack of Probable Cause: A DWAI arrest must be based on probable cause, which means the police officer must reasonably suspect that the driver was impaired. If the officer did not have a valid reason to stop the driver, any evidence gathered during the traffic stop might be suppressed, weakening the prosecution’s case.
2. Breathalyzer Test Errors: Breathalyzer tests are often used as evidence in DWAI cases. However, these tests can be unreliable and may produce false positive results. An experienced defense attorney may be able to challenge the accuracy of the breathalyzer test by examining the equipment used or the qualifications of the person administering the test.
3. Field Sobriety Test Errors: Field sobriety tests, such as the walk-and-turn or one-leg stand test, are also used to gather evidence in DWAI cases. However, these tests can be challenging even for sober individuals, and some medical conditions or physical disabilities can make them impossible to complete. A defense attorney may be able to challenge the validity of the field sobriety test results.
4. Rising Blood Alcohol Level: In some cases, a driver’s blood alcohol level may have been below the legal limit when driving but increased to a level above the limit by the time they were tested. This is known as a “rising blood alcohol defense” and may be used to argue that the driver was not impaired while driving.
5. Necessity: In rare cases, drivers may have been forced to drive while impaired to avoid more significant harm. This is a “necessity defense” and may be used in limited circumstances to argue that the driver had no other reasonable option.
6. Improper Stop or Search: If the police officer who stopped the driver did not follow proper procedures, such as failing to obtain a warrant or conducting an illegal search, any evidence gathered during the stop may be suppressed.

Viscosi Law Can Help You Today!

Driving While Ability Impaired by Drugs (DWAI-Drugs) is a severe offense that can have significant consequences for those charged with this crime. If you are facing a DWAI-Drugs charge in New York, it’s vital to seek the guidance of an experienced attorney who can help you understand your legal rights and options.

At Viscosi Law, we have a team of experienced attorneys who are dedicated to helping clients navigate the complex legal system and achieve the best possible outcome for their case. We understand the severe nature of DWAI-Drugs charges and work tirelessly to build strong cases for our clients.

Our attorneys deeply understand the complex laws surrounding DWAI-Drugs charges in New York, and we use our knowledge and experience to help our clients achieve the best possible outcome for their case. We provide legal guidance and support, develop strong defense strategies, negotiate with prosecutors, and represent clients in court.

If you face a DWAI-Drugs charge in New York, don’t wait to seek help. Contact Viscosi Law today to schedule a free consultation and learn more about how we can help you. We are committed to helping our clients seek justice and fair treatment under the law, and we are here to fight for your rights and interests every step of the way.