Charged with Driving While Ability Impaired by the Use of a Drug?

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When it comes to defending a Driving While Ability Impaired by the Use of a Drug 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.

Defending Driving While Ability Impaired by the Use of a Drug Charges in New York State: Strategies and Considerations

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.

Building a Robust Defense Strategy

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.

Navigating Legal Options

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.

Conclusion

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.

Frequently Asked Questions
DWAI-D stands for Driving While Ability Impaired by the Use of Drugs. It is a crime in New York State that is committed when someone operates a motor vehicle while their ability to operate the vehicle is impaired by the use of drugs.

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.

There are a number of defenses that can be used to fight a DWAI-D charge. Some of these defenses include:

  • The drugs were not in your system at the time of driving.
  • You were not impaired by the drugs.
  • The police did not have probable cause to stop you.
  • The police did not properly administer the field sobriety tests.
  • The results of the chemical test were inaccurate.
The zero tolerance law for drivers under the age of 21 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.
An ignition interlock device (IID) is a device that is installed in your car and prevents it from starting if you have alcohol in your system. If you are convicted of DWAI-D, you will be required to install an IID in your car for a period of time.
A drug and alcohol treatment program is a program that helps people who are struggling with substance abuse. If you are convicted of DWAI-D, you may be required to attend a drug and alcohol treatment program.
A DWAI-D conviction can have a significant impact on your insurance rates. Your insurance rates may go up for several years after your conviction.
A DWAI-D conviction can also have a negative impact on your employment. Some employers may refuse to hire you or may fire you if you have a DWAI-D conviction.
If your license is revoked due to a DWAI-D conviction, you may be able to get a driving permit. A driving permit allows you to drive for limited purposes, such as to and from work or school.

If you are arrested for DWAI-D, you have a number of options. You can:

  • Plead guilty.
  • Plead not guilty and go to trial.
  • Hire an attorney to negotiate a plea deal.

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.

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We promise to be there when you need us most.to do everything in our power to protect your future.to give you the best value.

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.

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.

Why work with the DWI TEAM?

DWI laws apply universally to all courthouses in New York. However, every courthouse has its own culture and expectations about how a DWI case should be prosecuted and punished. The local attorneys for the DWI TEAM have worked in courts throughout the counties in New York and have intricate knowledge of the culture, rules, and procedures prevalent in each courthouse. They know how to pitch their case and tailor a defense accordingly. The attorneys that represent the DWI TEAM have also fostered and developed a professional relationship with the judges, court staff, and prosecutors of each courthouse.

With a FREE consultation and our Best Price Promise – we are your unbeatable choice. We offer payment plans as low as $500 down and work closely with our clients to ensure you can afford quality representation. If we don’t believe we can help, we won’t take any money.

The attorneys with the DWI TEAM understand the stress involved in facing criminal charges. They particularly understand the complexities and complications of fighting a DWI case. For that reason, our attorneys are accessible to clients, answering their calls directly and promptly. Our staff provides moral and emotional support to clients at every stage of a DWI proceeding – from the inception of the case to post-conviction progress reports.

If you or a loved one has been charged with a DWI or any other driving offense, contact the DWI TEAM. We will carefully examine the specifics of your case, and if we do not feel we can help you, we will not take any money.

Contact us anytime 24/7/365 by calling (800) 570-1810 >

We are dedicated to reducing or dismissing your charges. Contact us today for a FREE case analysis.

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Our results speak for themselves.
Our client is an air traffic controller for the Army and holds a security clearance. He was snowmobiling the night of his arrest and was stopped on his way home for operating a snowmobile after midnight. He was arrested and taken to the station where he blew a .23. Our attorneys explained that our client would lose his job/career with a misdemeanor conviction. By presenting legal proof regarding the BAC and equities tied to his career, we were able to obtain an SWAI (no criminal) result, protect our client’s job, and have the record of his conviction sealed.
Our client’s initial offer was to plead guilty to a DWI, with a BAC of .27. This would leave our client with a criminal record for the rest of his life. We believed there was an issue with the stop, so we pushed forward. At hearings the officer said he stopped the vehicle because of a welfare check. He admitted there were no traffic infractions and that the stop was based solely on the concern for the wife. After the hearings, we submitted a memo of law outlining our issues. In the end, the Judge ruled that this was in fact, a bad stop and suppressed all the evidence and as a result, the case was dismissed.
Our client was involved in a head-on collision and charged with DWI. In light of her prior DWAI conviction, she faced possible jail time and revocation of her driver license. Our efforts on her behalf yielded a result that pleased the client and her husband. She pleaded guilty to the reduced count of DWAI and a traffic violation, and she avoided the more serious penalties allowed by law.
Law enforcement said our client had a BAC of 0.21 and had caused an accident in which he rolled his vehicle. During extensive negotiations with the prosecution, we were able to demonstrate that the accident was caused by inclement weather and our client had extensive equities from prior military combat experience. The result was an offer to a DWAI which is a non-criminal traffic infraction that – due to the accident and high BAC – was significantly outside of the District Attorney’s reduction policy.
Our client was arrested for DWI, Leaving the Scene of a Personal Injury Accident, and Failed to Keep Right. It was unclear if our client or his friend was driving. Our client was very concerned as he is in the process of becoming a Corrections Officer and a DWI conviction would make that difficult, if not impossible. Our attorneys discovered our client was in possession of valuable information that could assist the DA’s Office in felony prosecutions. In exchange for our client’s cooperation with all testimony at Grand Jury the DA’s Office dismissed the case in the interests of justice. Our client was left with no criminal record and his career plan of becoming a Corrections Officer intact.
Clients speak for our work.
Clients speak for our work.
They are amazing people will answer all your questions and make you feel very comfortable about your situation. Andrew and his team was the best thing i could have asked for, and they are very nice and fast with communication. Overall great people!
This team responded right away, came up with a plan and acted on it right away. Very reasonable and flexible with payment plans and very understanding with my situation if I was in a bind with finances. You can tell they actually want to help you. Highly recommend!
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