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When it comes to defending a Driving While Ability Impaired (DWAI) charge – don’t risk your family, your license, your job, or your financial future. Our Attorneys have the experience to defend you and fight your DWAI charge.
Our relationships and understanding of local courts, judges and prosecutors are key to helping our clients get the best possible legal outcomes.
Driving While Ability Impaired (DWAI) is a traffic infraction in New York State. It is a lesser offense than Driving While Intoxicated (DWI) but still carries significant penalties, including fines, jail time, and license suspension.
In New York State, a driver can be charged with DWAI if their blood alcohol content (BAC) is between 0.05% and 0.07%. The BAC limit for commercial drivers is 0.04%.
A driver can also be charged with DWAI if they are impaired by drugs or a combination of drugs and alcohol. Impairment can be shown by a variety of factors, including:
A driver can be charged with DWAI even if they are not actually driving. For example, a driver can be charged with DWAI if they are sitting in the driver’s seat with the keys in the ignition, even if the engine is off.
A driver can be charged with DWAI even if they have a BAC below the legal limit. This is because the DWAI statute does not focus on a specific BAC level. Instead, it focuses on whether the driver is impaired by alcohol or drugs.
The penalties for DWAI can be increased if the driver has any aggravating factors, such as a prior DWI or DUI conviction, or if they were driving with a child under the age of 16 in the car.
The penalties will be more severe if you have any prior DWI or DWAI convictions within the past 10 years. For example, a second offense within 10 years is a felony and can result in a fine of up to $5,000, a jail sentence of up to 4 years, and a license revocation of at least 18 months.
It is important to note that these are just the general penalties. The specific penalties you face will depend on the specific circumstances of your case. For example, if you were involved in an accident or had a high blood alcohol content (BAC), you could face more severe penalties.
Facing a DWAI charge in New York State can be a daunting experience, but the DWI Team is dedicated to providing unwavering support and exceptional legal representation. Our extensive knowledge of the legal landscape, combined with our commitment to protecting clients’ rights, empowers us to construct robust defense strategies tailored to each unique case. From dissecting the traffic stop to challenging sobriety tests and negotiating favorable outcomes, we stand as the shield against DWAI charges, advocating for the best interests of our clients at every turn.
DWAI stands for Driving While Ability Impaired. It is a crime in New York State to drive with a BAC of 0.05% but less than 0.08%, or if you are impaired by alcohol or drugs to the slightest degree.
The penalties for DWI and DWAI vary depending on the circumstances of the offense. However, the penalties can include:
Yes, you can be convicted of DWI or DWAI even if you refuse to take a breathalyzer test. The refusal to take a breathalyzer test is considered an admission of guilt and can result in the same penalties as a conviction for DWI or DWAI.
There are a number of defenses to DWI and DWAI charges in New York State. Some common defenses include:
Leandra’s Law is a New York State law that makes it a felony to drive drunk with a child under the age of 16 in the car. The penalties for violating Leandra’s Law include:
The Zero Tolerance Law is a New York State law that prohibits drivers under the age of 21 from driving with a BAC of 0.02% or higher. The penalties for violating the Zero Tolerance Law include:
If you have been charged with DWI or DWAI in New York State, you should contact an experienced criminal defense attorney and focus on DWI defense.
There are a number of resources available to help people who have been convicted of DWI or DWAI in New York State. These resources can help you with:
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