Driving While Ability Impaired by the Use of a Drug (DWAI-D) is a crime in New York State. It is defined as operating a motor vehicle while the person’s ability to operate such a motor vehicle is impaired by the use of a drug.

The specific drugs that are prohibited under DWAI-D are listed in Public Health Law § 3306. These drugs include, but are not limited to, alcohol, marijuana, cocaine, heroin, and PCP.

To be convicted of DWAI-D, the prosecutor must prove beyond a reasonable doubt that:

• You were operating a motor vehicle;
• You were impaired by the use of a drug; and
• The drug you were using was one of the drugs listed in Public Health Law § 3306.
• The impairment can be proven by a variety of factors, including your driving behavior, your physical appearance, and the results of a drug test.

The penalties for DWAI-D vary depending on the number of prior convictions you have. For a first offense, you could be sentenced to:

• A fine of up to $1,000;
• Up to 1 year in jail;
• Probation of up to 3 years; and
• A license revocation of at least 6 months.

For subsequent offenses, the penalties are more severe. For example, for a third offense, you could be sentenced to:

• A fine of up to $5,000;
• Up to 4 years in jail;
• Probation of up to 5 years; and
• A license revocation of at least 1 year.

Here are some additional things to keep in mind about DWAI-D in New York State:

• There is a zero tolerance law for drivers under the age of 21. This means that any driver under the age of 21 who is found to have any amount of alcohol or drugs in their system can be charged with DWAI-D.
• If you are convicted of DWAI-D, you will be required to install an ignition interlock device (IID) in your car. An IID is a device that prevents your car from starting if you have alcohol in your system.
• You will also be required to attend a drug and alcohol treatment program.

DWAI-D is a serious offense that can have a significant impact on your life. If you are arrested for DWAI-D, it is important to speak with an attorney to protect your rights.

Evaluating the Traffic Stop: The foundation of any Driving While Ability Impaired by the Use of a Drug (DWAI-D) 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.

Challenging Sobriety Tests: DWAI-D 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.

Questioning Chemical Tests: Chemical tests, such as breathalyzers, urine or blood tests, are crucial pieces of evidence in DWAI-D 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.

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.

Constructing Alternative Explanations: We work closely with our clients to gather detailed accounts of the events leading up to their DWAI-D 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-D 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-D convictions can result in the suspension or revocation of driving privileges. We will advocate for our clients to retain their driving rights whenever possible.

Facing a DWAI-D 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-D charges, advocating for the best interests of our clients at every turn.

If you have any other questions, please contact us at 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 DWAI-D in New York State.