Drivers are expected to maintain their focus on the road and avoid consuming anything that could impair their judgment or reaction time. Pursuant to New York Vehicle and Traffic Law (VTL) section 1192.1, a motorist can be convicted of Driving While Ability Impaired (DWAI) for drunk driving. Similar to a DWI, this charge accuses the driver of operating the automobile while impaired due to alcohol consumption.
If you have been ticketed for DWAI, you may be facing jail time, significant fines, insurance premium hikes, and more. You simply cannot afford to fight this ticket without experienced legal counsel advocating for your best interests. Learn more about how the New York Traffic Ticket Lawyers can represent you.
Understanding DWAI in New York
An arrest for Driving While Ability Impaired is similar but not identical to an arrest for Driving While Intoxicated. Whereas a motorist can be charged with a DWI if their blood alcohol content, or BAC, is 0.08 or higher, the driver could face a DWAI for a lower BAC of 0.05 to 0.07. At these numbers, the driver may still be impaired but face less severe legal penalties compared to a DWI.
If you are convicted of DWAI, the legal consequences you face will depend on whether it is your first or a subsequent conviction. Penalties are:
- First offense – infraction: A fine of between $300 and $500, up to 15 days in jail, and a 90-day license suspension.
- Second offense within 5 years – infraction: A fine of between $500 and $750, up to 30 days in jail, and a revoked license for at least 6 months.
- Third offense within 10 years – misdemeanor: A fine of between $750 and $1,500, up to 180 days in jail, and a revoked license for at least 6 months.
The judge may also order you to enroll in the Impaired Driver Program (IDP), a requirement if you wish to obtain a conditional driver’s license to continue driving to work or school.
How a DWAI Conviction Can Affect Your Life
Although a DWAI is not as serious as a DWI, particularly in terms of fines, jail sentence, and license suspension and revocation, the consequences could go far beyond the courtroom. If you lose your license, you might be able to obtain conditional driving privileges if you obey the judge’s orders and conditions. However, you must enroll in and complete the IDP to obtain and maintain this license.
If you fail to enroll or complete the IDP course, you will lose your conditional license. This could mean losing your job or being kicked out of school if you rely on having a driver license for your education. Also, the conditional license is not available if you need to drive a vehicle that requires a Commercial Driver License (CDL), which all but guarantees a job loss if you rely on having a CDL.
You will likely see an increase in your automobile liability insurance premium, a hike which could remain in effect for years. Even a first-time conviction could cause your insurance rates to go up. If there are any aggravating factors, such as having a child in the vehicle at the time or causing an accident, your penalties across the board could be much higher.
Possible Defenses to a DWAI Charge
If you are in Central New York and get pulled over for allegedly driving while intoxicated or impaired, it is imperative to your legal rights that you say as little as possible. The officer will likely require you to submit to a breathalyzer test, the results of which will determine whether the officer charges you with a DWI or DWAI. While the legal consequences for these two charges are different, the potential defenses are the same:
- Problems with the breathalyzer: A technical error with the breathalyzer could give inaccurate test results. An attorney can investigate whether the device has been properly calibrated and maintained.
- False readings: A specific problem with a breathalyzer is a false reading, when something other than alcohol consumption causes the test results. Health conditions, medications, and mouthwash are all potential culprits.
- Lack of probable cause: A law enforcement officer must have probable cause before stopping a driver for suspected DWAI. Examples of probable cause include swerving in and out of lanes and erratic driving behavior.
- Unreliable officer testimony: Your attorney may question the police officer’s account of the traffic stop to identify inconsistencies, procedural errors, and other problems. If it becomes clear that the officer’s testimony is unreliable, the ticket could potentially be dismissed.
Why Hire An Experienced New York Traffic Ticket Attorney?
You may be tempted to simply pay the traffic ticket and skip the hassle of challenging your ticket. But this could come back to haunt you later in the form of higher insurance premiums and other issues. Regardless of the circumstances surrounding your DWAI ticket, it’s strongly advised that you speak with an attorney before deciding how to handle it.
Your attorney can review the facts of your case and determine whether the prosecutor will be able to prove the elements of a DWAI charge beyond a reasonable doubt. If not, your lawyer could ask that the ticket be dismissed. There is also the possibility of negotiating a plea deal which could result in less severe legal and financial repercussions.
Contact Our Central New York Driving While Ability Impaired Attorney
If you or a loved one have received a ticket for DWAI, it’s time to explore your legal options with the New York Traffic Ticket Lawyers. Our firm has successfully represented clients by challenging tickets in court, effectively negotiating advantageous plea deals with prosecutors, and helping clients achieve positive outcomes like obtaining conditional licenses. Put us to the test by contacting us to schedule your initial consultation today.
