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Thursday, July 28, 2016

Explaining What Driving While Ability Impaired Means In New York

Other than Driving While Intoxicated, there are other legal violations you can be charged with if you are intoxicated. You can be charged with a violation in New York where you are not technically intoxicated. Driving While Ability Impaired is one such violation where you are charged with intoxication when you are not technically intoxicated. Here is a breakdown of the DWAI charge:
  • DWAI is considered a non-criminal traffic infraction where you are charged if your Blood Alcohol Content is greater than 0.05% but less than 0.08%.
  • It does not only apply to drugs. You can be charged the same if you are found to be intoxicated by another drug that is not alcohol. When you are found to be intoxicated by other drugs, the charge is DWAI/Drugs.
  • When it is alcohol and drugs, the charge becomes DWAI/Combination.
  • There is also aggravated DWI that is a criminal misdemeanor you get charged with if your blood alcohol level is above 0.18%.

 DWAI Related Penalties In New York

In New York, it is against the law to drive if your ability is impaired by the consumption of alcohol or other drugs. If you are charged with DWAI in New York, the penalties differ as highlighted below.
Penalties for first-time offenders are as follows:
  • Up to fifteen days in jail.
  • A fine ranging between $300 and $500.
  • A surcharge of $255 as well as a driver's license assessment for where you can get a 90-day license suspension. However, you might find that you are eligible for a conditional license.
  • Attendance of a Victim Impact Panel where you get to interact with DWI victims.

Penalties For Repeat Offenders

If you are getting a charged with DWAI for the second time, the penalties are stricter.
  • You can stay in jail for up to 30 days.
  • You can pay a fine of between $500 and $750.
  • Your license can be revoked for at least six months.

Charges For DWAI Combination

Those charged with DWAI/Drugs or DWAI/Combination face the following charges
  • $1000 fine and a $400 New York state surcharge.
  • License revocation for at least six months.
  • Up to one year jail time.
  • Probation for up to three years.
  • The driver will also have a permanent criminal record.
DWAI may appear like a minor violation, but it carries stiff penalties. Those facing DWAI charges should seek legal representation as soon as possible.

Need Help With A New York DWI?

If your arrest occurred in Westchester County, NY, contact our DWI lawyers at this office:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577
914-888-2430

If your arrest occurred in Queens, NY, contact our DWI lawyers at this office:

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102
718-395-4770


If your arrest occurred in Long Island, NY, contact our DWI lawyers at this office:

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797
203-697-8604