DWAI

What is Driving While Ability Impaired? 

Driving While Ability Impaired (DWAI) is a severe offense in New York, and can lead to significant legal consequences. DWAI refers to operating a motor vehicle under the influence of drugs, alcohol, or a combination of both, to the extent that a driver’s ability to safely operate the vehicle is impaired. This can include prescription medications, over-the-counter drugs, and illegal substances.

At Viscosi Law, we understand a DWAI charge’s impact on your life, and we are here to help. Our experienced attorneys have extensive knowledge of New York DWAI laws and can provide the legal representation and guidance you need to protect your rights and achieve the best possible outcome. Here are some essential facts and statistics about DWAI in New York:

• In New York, it is illegal to drive while impaired by any substance, including drugs or alcohol.
• According to the National Highway Traffic Safety Administration (NHTSA), drug-impaired driving is on the rise across the country, and was involved in 44% of fatal crashes in 2016.
• In New York, a driver can be charged with DWAI if they have a blood alcohol content (BAC) of .05 and .07 percent, or if they are impaired by drugs or a combination of drugs and alcohol.
• The penalties for a DWAI conviction can include fines, license suspension, community service, and even jail time.
• Repeat DWAI offenders can face more severe penalties, including longer license suspensions, mandatory ignition interlock devices, and felony charges for multiple offenses.
• In addition to criminal charges, a DWAI conviction can also impact a person’s ability to drive, work, and carry out other important aspects of daily life.

If you have been charged with DWAI in New York, seeking legal counsel right away is important. At Viscosi Law, we have the experience and knowledge to defend your rights and help you navigate the legal system. Contact us today to schedule a consultation and learn more about how we can help you.

Possible Charges Associated with DWAI

DWAI stands for “Driving While Ability Impaired,” which means operating a motor vehicle while your ability to drive has been impaired by drugs or alcohol to any extent. Here are some possible charges associated with DWAI in New York:

• DWAI (Alcohol): If a driver has a blood alcohol content (BAC) between 0.05% and 0.07%, they can be charged with DWAI (Alcohol). The penalties for a first offense can include a fine of $300-$500, up to 15 days in jail, and a 90-day license suspension. Subsequent violations can result in harsher penalties.
• DWAI (Drugs): If a driver is found to have any amount of drugs in their system that impair their ability to drive, they can be charged with DWAI (Drugs). The penalties for a first offense can include a fine of $500-$1,000, up to one year in jail, and a six-month license suspension. Subsequent offenses can result in harsher penalties.
• Aggravated DWAI: If a driver is found to have a BAC of 0.18% or higher, they can be charged with Aggravated DWAI. The penalties for a first offense can include a fine of $1,000-$2,500, up to one year in jail, and a one-year license revocation. Subsequent violations can result in harsher penalties.

These are just some of the possible charges associated with DWAI in New York, and the actual penalties can vary depending on the case’s specific circumstances. Additionally, a conviction for DWAI can have serious consequences, including fines, jail time, license suspension or revocation, and a criminal record. That’s why contacting an experienced attorney is vital if you are facing DWAI charges in New York.

What are the Possible Penalties for DWAI

In New York, the possible penalties for Driving While Ability Impaired (DWAI) depend on various factors, such as the type of impairment, the number of prior DWAI or Driving Under the Influence (DUI) convictions, and the level of intoxication. The penalties for DWAI can include fines, driver’s license suspension, mandatory attendance in a victim impact panel, and even imprisonment. Here are some of the possible penalties for DWAI:

• First-Time Offense: A fine of up to $1,000, a maximum of 1-year driver’s license suspension, and up to 15 days in jail.
• Second-Time Offense: A fine of up to $5,000, a maximum of 18 months driver’s license suspension, up to 30 days in jail, and installing an ignition interlock device on the offender’s vehicle.
• Third-Time Offense: A fine of up to $10,000, a maximum of 18 months for driver’s license revocation, up to 180 days in jail, and installing an ignition interlock device on the offender’s vehicle.

It’s important to note that the actual penalties can vary depending on the specific circumstances of each case. It’s recommended to seek legal advice from a qualified attorney if you’re facing DWAI charges in New York.

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.

What Happens if I’m Charged with a DWAI?

If you are charged with a Driving While Ability Impaired (DWAI) offense, the specific consequences will vary depending on the laws in the state in which you were charged, as well as the details of the case, such as your BAC level and prior criminal history.

Generally, DWAI is a less severe offense than Driving While Intoxicated (DWI) or Driving Under the Influence (DUI), but it still carries serious legal consequences. Some possible implications of a DWAI charge may include:

1. Fines: Depending on the state, a DWAI offense may result in fines ranging from a few hundred to several thousand dollars.
2. License Suspension: A DWAI charge may result in a suspension of your driver’s license for a period of time, typically ranging from a few months to a year or more.
3. Ignition Interlock Device: In some states, a DWAI conviction may require the installation of an ignition interlock device on your vehicle, which requires you to blow into a breathalyzer before starting the car to ensure that you are not under the influence.
4. Probation: Depending on the severity of the offense and your prior criminal history, you may be placed on probation, which can include requirements such as community service or drug and alcohol treatment programs.
5. Jail Time: In some cases, a DWAI conviction can result in a short jail time, typically ranging from a few days to a few months.
6. Impact on Insurance Rates: A DWAI conviction can impact your auto insurance rates, increasing premiums.
7. Criminal Record: A DWAI conviction will result in a criminal record, which can have long-term consequences for your employment prospects and other areas of your life.

The consequences of a DWAI charge can be severe and long-lasting. If you are facing a DWAI charge, it’s essential to consult with an experienced attorney who can help you understand your rights and options for defending yourself against the charge.

Can You Get a DWAI Charge Expunged?

Expungement is not an available option for criminal records in New York State. However, New York does have a process for sealing certain criminal records under certain circumstances. In general, the ability to seal a criminal record depends on the type of offense, the sentence imposed, and the amount of time that has elapsed since the completion of the sentence.

For a DWAI conviction in New York, it may be possible to seal the record after a certain amount of time has passed since the completion of the sentence. However, the specific details would depend on the circumstances of the case and the individual’s criminal history. It is best to consult with a knowledgeable criminal defense attorney to determine whether sealing or other options for relief may be available in a particular case.

Call Viscosi Law Today!

Viscosi Law is here to provide legal support and guidance for individuals who have been charged with DWAI (Driving While Ability Impaired) in New York. DWAI is a serious offense and can result in severe consequences, including fines, license suspension, and even imprisonment. If you or a loved one is facing a DWAI charge, it is essential to seek legal representation to ensure your rights are protected.

At Viscosi Law, we understand the complexities of New York’s DWAI laws and have the experience and knowledge to provide the best legal representation for our clients. Our team of skilled attorneys will work tirelessly to build a strong defense, challenging any evidence that may be used against you and fighting for your rights in court.

We believe in treating every client with the utmost respect and compassion, and we are dedicated to providing personalized legal services tailored to your specific needs. We know that facing a DWAI charge can be overwhelming and stressful, and we are here to guide you through the legal process every step of the way.

At Viscosi Law, we have a proven track record of successfully defending clients charged with DWAI. Our goal is to ensure that you receive the best possible outcome for your case, whether that means reducing the charges or having them dismissed altogether.

If you or a loved one has been charged with DWAI, do not hesitate to contact Viscosi Law today. Our attorneys are ready to fight for your rights and provide you with the legal representation you deserve.