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

The History Of DWI in New York. A Comparison Of Attitudes And Laws.

Over the years, attitudes have greatly changed when it comes to drink driving. Back in the day, it occurred a lot more often than it does now, according to statistics, however, the behavior of police officers has changed greatly too. At a recent meeting of lawyers, some of the older lawyers spoke of times when officers would give a drunk driver a ride home, and that was the end of it. Fast forward to today, and that is not the case...and rightly so. If you are drunk or your ability to drive is impaired, then under no circumstances should you drive. Modern technology through Uber rides, offers a safe and convenient way for those drinking to go from A to B.

Increased Reasons For DWI Defense

However, in saying that, there are often scenarios where a DUI arrest was unjustified, due process was not followed, and civil rights are infringed. Unfortunately, this has also been made worse by some technology, such as breathalyzers where operators do not know how to use them correctly, resulting an a false reading, which gets people into trouble.

Changes In NY DUI Laws

Another big difference between today and past years is that the legal limit has dropped from a blood alcohol level reading of 0.15% to 0.08%. Again, this is a progressive move to make our roads safer, but it just goes to show what was acceptable back then, is certainly not today.

Changes In Penalties & Fines

The consequences of a DWI have also become a lot more stringent over the years. Specifically, in the past, a plea deal was likely struck and there was no license penalties. Today, New York laws provide that violations of drugs or alcohol carry penalties of fines, jail time, and suspension of a drivers license. The NY Laws also provide for a lifetime or permanent ban for those who are repeat offenders which includes fines of up to $10,000 and potentially incarceration for up to seven years.

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

Can I Refuse A Breath, Blood and Urine Test When Stopped For Alleged DWI in New York?

Yes, you can refuse these tests. But beware of the consequences.

You may still be arrested for DWI based on other observations made by the police officer, which include your behavior, eyes, speech, and performance in a field sobriety test. This can lead to criminal charges for DWI, and you will be required to appear at arraignment to defend these charges.

Refusing to submit to the test also enacts another charge.

Implied Consent in New York For Drivers

In New York, a condition of having a drivers license is that you imply consent to submit to a test if requested by a police officer.

If you then decide to refuse the test, you will likely be charged with a separate administrative action of Refusal To Take A Chemical Test. Note, this is not the same criminal charge as a DWI. In fact, two weeks after your criminal DWI arraignment, you will need to appear before the DMV for what is called a refusal hearing.

If your refusal took place in Westchester County, you will need to appear at the Yonkers DMV, usually on a Monday or Wednesday. An administrative judge will be assigned the case and will hear testimony as to what your reason was for refusing submission to one of the several chemical tests.

What Are The Penalties and Consequences Of Refusing A Breath Test?

While refusing a breath test, or other chemical test, is not as serious as your DWI charges, the penalties associated with the refusal and administrative action at the DMV, are not to be taken lightly.

Should the judge find that you refused the test with no good basis, you may lose your license for a specified time period. If you have a commercial license, this will be a period of 18 months. Obviously this has very serious employment consequences. If you hold a regular license, the suspension is 12 months.

I Refused A Blood, Urine or Breath Test, What Should I Do Now?

Your first step is to contact an experienced DWI Lawyer. You may be facing both of these hearings (a criminal drunk driving charge and an administrative refusal to take a chemical test charge). As stated, both carry serious consequences that may effect your livelihood.

You will need to mount a vigorous defense. A DUI attorney can help you do this. There are several strategies available to contest the charges.

Start documenting and trying to remember every interaction with the police officer that night. Even prior to the stop or checkpoint. This evidence will be important to your defense strategy.

Need Help With Your DWI Arrest Or Refusal Charges?

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