While many people think of DUIs and DWAIs as being the same, New York law makes clear distinctions between the two offenses. While both are serious charges that can lead to jail time, license revocation, and even hefty fines, the penalties imposed for these different types of cases vary in degrees of severity depending on the circumstances. The most important distinction between a DWAI and a DUI is that a DWI is considered a criminal offense, while a DWAI is not.
In addition, a criminal conviction may have far-reaching implications for the accused person’s personal and professional life. This is why it is crucial for anyone facing a possible DUI to have an experienced attorney at their side to defend their rights and help them avoid a conviction. The experienced attorneys at our firm can assist you in understanding the difference between a DWAI and a DWI, as well as how these different cases are prosecuted under New York State law.
Section 1192 of the New York Vehicle and Traffic Law defines “driving while impaired by alcohol” as including a wide range of scenarios. The definition of driving encompasses being in physical control of a vehicle, meaning that sitting in the driver’s seat with the keys in the ignition (even if the engine is off) could result in a DWAI charge. Likewise, a person can be charged with DWAI while under the influence of any kind of drug, even prescription drugs and over-the-counter medications.
To prove that a person is driving while impaired by alcohol, the District Attorney’s Office needs to show that the accused person had a blood-alcohol concentration (BAC) of at least 0.08%. The BAC level is influenced by several factors, including the amount of alcohol consumed, body weight and metabolism, the time frame over which it was ingested, and how fast the person drank. This is why having an experienced DWI attorney is so crucial in defending against such a charge.
With a DWAI charge based on the consumption of any kind of drug, it is more difficult for the DA’s office to prove that a person was operating their vehicle while impaired. This is because prosecutors only need to prove that the drug in question made the person incapable of operating their vehicle safely, which is a much lower threshold than proof of being substantially incapable of driving a car due to alcohol.
When someone is facing a DWAI charge, they should speak to an experienced Long Island DWI lawyer as soon as possible. Jason Bassett, a Long Island DWAI attorney, has extensive experience in this area of the law and is well-versed in how prosecutors handle these cases. Contact him today for a consultation to discuss your case and how you can protect your future. The initial consultation is free and confidential.
As a driver in New York, you likely know that it is illegal to operate your vehicle while under the influence of alcohol or drugs. However, you may not realize that the law defines a wide range of offenses and penalties based on the circumstances of your case. New York has what is known as a per se limit, meaning that if your blood alcohol content (BAC) is above 0.08, you are considered legally intoxicated. The law also establishes specific offenses for drivers with lower BAC levels and for those cases involving drugs or a combination of alcohol and drugs. It also includes penalties for a chemical test refusal, which is the refusal to take a breath, blood, or urine test for the presence of alcohol or drugs. A skilled criminal defense attorney can help you to fight the DWAI charges.
DWAI convictions are common in most instances, with drivers facing charges for having a higher BAC level than the legal limit. This is generally done using a breath or blood test that is administered to you at the time of your arrest. These tests are often used to determine whether you have consumed any illicit drugs, as well. This is because different drugs metabolize at different rates and will show up in your system depending on when and how you consume them.
A DWAI conviction can lead to jail time, a fine of $500-$1,000, having your license revoked for six months and probation. However, the penalties increase if you have multiple DWAI convictions on your record. New York Vehicle and Traffic Law Section 1192 also requires convicted drunk drivers to install an ignition interlock device in their vehicle. The device is a small breathalyzer that connects to your car’s engine and checks to make sure you are sober before starting it. If you blow a certain BAC when you attempt to start the engine, the interlock will not allow it to turn on.
DUI charges are more severe than DWAI, and in some instances can be charged as felonies. The penalties are higher for repeat offenders, and those involving a commercial vehicle. The penalties can be even more severe if the vehicle involves an accident or death.
There are other factors that can be taken into account, however, such as if the accident occurred in a child’s seat or if the crash resulted in a fatality. Also, New York is a no-fault state, which can sometimes mean that other parties can be held responsible, including the party who sold you the alcohol or those who gave it to an underage driver.
If you are arrested for impaired driving in New York, the best thing to do is immediately contact a lawyer. A skilled criminal defense attorney can help you to fight the DWAI charges, and potentially have them reduced or dismissed. They can also represent you if you are facing an administrative suspension or a criminal conviction and can negotiate with prosecutors to reduce the penalties in your case. They can also discuss alternative remedies, such as community service or counseling programs.
In the state of New York, DWAI is a criminal offense that can carry significant penalties. Depending on the circumstances surrounding your arrest and the type of DWAI charge with which you are charged, you may face penalties such as monetary fines, jail time, or license revocation. If you have been arrested for a DWAI offense, it is important to seek the help of an experienced New York DWAI lawyer.
DWAI penalties are generally less severe than those of DWI offenses, as the State must prove a higher blood alcohol content in order to convict you of DWI. However, even a first-offense DWAI conviction can result in a $500 fine and up to 15 days of jail time. In addition, a conviction for a DWAI can result in your driver’s license being suspended for up to six months. If you are convicted of a second DWAI within five years, the jail time increases to 30 days, and the fine can increase to up to $1,500. Moreover, if you are convicted of a third DWAI within ten years, the penalties escalate to include a minimum of one year in prison, as well as a minimum of four years' probation. In addition to these penalties, a DWAI conviction can also result in the requirement that you attend an alcohol treatment program and install an ignition interlock device on your vehicle.
The penalty amounts for a DWAI vary widely, and are dependent on several factors such as your previous record, the type of drug you were under the influence of at the time of your arrest, and whether you are a repeat offender. However, the most serious cases involve driving while impaired by a combination of drugs and alcohol, as well as aggravated DWI (DWI) and felony DWI charges.
It is important to remember that law enforcement officers can make DWI stops and arrests not only on public roadways but also in parking lots. In fact, New York is one of only two states where it is legal for police officers to conduct field sobriety tests on drivers in a parking lot. Additionally, if you are suspected of DWI or DWAI and refuse to take a chemical test, such as a breathalyzer test or urine analysis, you can be charged with a chemical test refusal.
It is also worth noting that parties other than the driver may be held liable for an accident caused by an impaired driver, including stores that sell alcohol and adults who provide alcohol to those under the age of 21. In addition, you can be charged with a felony if you cause the death of another person or significant property damage as a result of your impaired driving. To learn more about Understanding DWAI Penalties in New York and the ways in which an experienced attorney can assist you. We can schedule a FREE case evaluation to discuss your options and answer any questions you might have.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060