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DWAI: Drugs/Alcohol Combination

Overview

Charged with DWAI: Drugs/Alcohol Combination?
We are here to help you 24/7

When it comes to DWAI: Drugs/Alcohol Combination – 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: Drugs/Alcohol Combination charge.

Our relationships and understanding of local courts, judges and prosecutors are key to helping our clients get the best possible legal outcomes.

Defending DWAI: Drugs/Alcohol Combination Charges in New York State

Strategies and Considerations

DWAI: Drugs/Alcohol Combination is a traffic violation in New York State that occurs when a person operates a motor vehicle while their ability to do so is impaired by the combined influence of drugs and alcohol. This can include prescription drugs, over-the-counter medications, illegal drugs, and alcohol.

The penalties for a DWAI: Drugs/Alcohol Combination conviction in New York State vary depending on the number of prior offenses. For a first offense, the penalties include
  • A fine of $500 to $1,000
  • Up to 1 year in jail
  • A 6-month license revocation
  • Required attendance at a drug and alcohol treatment program
For subsequent offenses, the penalties are more severe. For example, a second offense within 10 years is a felony, punishable by a fine of $1,000 to $5,000, up to 4 years in jail, and a 1-year license revocation.
There are a number of defenses that can be raised to a DWAI: Drugs/Alcohol Combination charge. Some common defenses include
  • The drugs or alcohol were taken involuntarily.
  • The drugs or alcohol did not impair the defendant’s ability to drive safely.
  • The defendant was not driving at the time of arrest.
  • The police did not have probable cause to stop or arrest the defendant.
  • The chemical test results were inaccurate.

Penalties for a DWAI: Drugs/Alcohol Combination Charge in New York State

The penalties for a DWAI: Drugs/Alcohol Combination charge in New York State are as follows
  • Fine: $500-$1,000
  • Jail time: Up to 1 year
  • License suspension: 90 days

If you have a prior DWAI or DWI conviction within the past 10 years, the penalties will be more severe. For a second offense, you could face a fine of $1,000-$5,000, up to 4 years in jail, and a license suspension of at least 1 year. For a third offense within 10 years, you could face a fine of $2,000-$10,000, up to 7 years in jail, and a license suspension of at least 1 year.

In addition to the criminal penalties, you will also have to pay a surcharge to the New York State Department of Motor Vehicles (DMV). The surcharge is $260 for a first offense and $400 for a subsequent offense.

If you are convicted of DWAI: Drugs/Alcohol Combination, you will also be required to attend a drug and alcohol rehabilitation program. The length of the program will vary depending on your individual circumstances.

Building a Robust Defense Strategy

1
Evaluating the Traffic Stop
The foundation of any DWAI: Drugs/Alcohol Combination defense begins with a thorough examination of the traffic stop. Was there probable cause to initiate the stop? Were the proper procedures followed by law enforcement? Any violations of the defendant’s Fourth Amendment rights can significantly impact the case’s validity.
2
Challenging Sobriety Tests
DWAI: Drugs/Alcohol Combination cases often involve field sobriety tests, which can be subjective and prone to human error. Our experienced attorneys meticulously scrutinize the administration of these tests to identify any inconsistencies or improper procedures that could undermine their reliability.
3
Questioning Chemical Tests
Chemical tests, such as breathalyzers, urine or blood tests, are crucial pieces of evidence in DWAI: Drugs/Alcohol Combination cases. However, these tests are not infallible. Our legal team will investigate whether the testing equipment was properly calibrated, maintained, and operated by certified personnel. If there are discrepancies, the validity of the test results can be called into question.
4
Medical Conditions and Prescription Medications
Some medical conditions and prescription medications can lead to impaired driving without the presence of alcohol or illegal drugs. Our defense strategy explores the possibility of a medical condition or medication affecting the defendant’s ability to operate a vehicle safely.
5
Constructing Alternative Explanations
We work closely with our clients to gather detailed accounts of the events leading up to their DWAI: Drugs/Alcohol Combination charge. By understanding the context and circumstances, we can build alternative explanations for their behavior that may not necessarily point to impairment.
Our legal team is well-versed in the nuanced laws of New York State, including its DWAI: Drugs/Alcohol Combination statutes and sentencing guidelines. Depending on the specifics of the case, we can pursue various legal avenues:
Negotiating Reductions
Through skillful negotiation, we aim to secure reductions in charges or penalties, such as obtaining a plea deal to a lesser offense or pursuing enrollment in a substance abuse education program.
Challenging Evidence in Court
If necessary, we are prepared to take the case to trial. Our experienced litigators will present a strong defense, cross-examine witnesses, and challenge evidence in court to achieve the best possible outcome.
Protecting Driving Privileges
DWAI: Drugs/Alcohol Combination convictions can result in the suspension or revocation of driving privileges. We will advocate for our clients to retain their driving rights whenever possible.

Conclusion

Facing an Aggravated DWI 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 Aggravated DWI charges, advocating for the best interests of our clients at every turn.

Contents

Contents

Frequently Asked Questions

A DWAI (Drugs/Alcohol Combination) is a misdemeanor traffic offense in New York State for driving while ability impaired by the combined influence of drugs and alcohol. This means that the driver’s ability to operate a vehicle safely is impaired by the combined effects of both drugs and alcohol, even if their blood alcohol content (BAC) is below the legal limit of 0.08%.

The penalties for a DWAI conviction include:

  • A fine of $500 to $1,000
  • A jail term of up to one year
  • A driver’s license suspension of at least six months

Any drug, whether legal or illegal, can lead to a DWAI charge if it impairs the driver’s ability to operate a vehicle safely. This includes prescription medications, over-the-counter medications, and illegal drugs.

There is no easy way to tell if you are impaired by drugs and alcohol. However, some common signs of impairment include:

  • Difficulty concentrating
  • Slow reaction time
  • Poor judgment
  • Drowsiness
  • Dizziness
  • Slurred speech
  • Loss of coordination

If you are stopped by the police and suspected of a DWAI, you have the right to remain silent and to an attorney. You should not answer any questions about your drug or alcohol use without first speaking to an attorney.

If you refuse to take a chemical test, your driver’s license will be automatically suspended for one year. You may also face additional penalties if you are convicted of a DWAI.

Yes. In New York State, it is illegal for anyone under the age of 21 to drive with any amount of alcohol in their system, even if it is below the legal limit of 0.08%. A driver under the age of 21 who is caught driving with a BAC of 0.02 to 0.07% can be charged with a DWAI.

A DWAI conviction can have a number of long-term consequences, including:

  • Higher insurance rates
  • Difficulty finding a job
  • Academic probation or expulsion
  • Denial of a professional license

If you have been charged with a DWAI, you should contact an experienced DWI/DUI attorney immediately. An attorney can help you understand your rights and options, and can represent you in court.

Please note that laws and regulations can change over time, so it’s important to consult with a legal professional or refer to official sources for the most up-to-date information regarding DWAI: Drugs/Alcohol Combination in New York State.
If you have any other questions, please contact us at <a href="mailto:info@dwiteam.com" info@dwiteam.com
Please note that laws and regulations can change over time, so it’s important to consult with a legal professional or refer to official sources for the most up-to-date information regarding Aggravated DWI in New York State.

Proven Team that Provides Results Through Advocacy

It is not so easy to find a DWI attorney. People sometimes treat, and attorneys represent DWI charges as if they were simple traffic tickets. As a result, it can dramatically affect someone’s job, finances, freedom, and their ability to be valued members of our society.

With the government having access to an unlimited amount of resources to convict people, many times, people are forced to plead guilty to something that they either were not guilty of or something that would affect the rest of their life.

That’s why if you are facing a DWI charge, you need a competent, experienced, and respected attorney to defend you. The DWI TEAM is comprised of some of the most accomplished DWI professionals in New York state. Nave Law Firm has brought together these exceptional professionals as The DWI TEAM to offer DWI defense services of the highest order. With Nave Law Firm’s leadership, The DWI TEAM provides our clients with seamless service using the most cutting edge defense strategies in seeking the best outcome possible in their case.

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