A DWAI-Combination charge in New York involves allegations that a driver’s ability was impaired by the combined influence of alcohol and one or more qualifying drugs, or by multiple qualifying drugs. Unlike a standard per se DWI charge, DWAI-Combination does not require a BAC of .08% or higher.
At the Law Offices of Jason Bassett, P.C. New York DWI defense attorney Jason Bassett , represents clients facing DWAI-Combination and other impaired-driving charges throughout Suffolk County. With more than 25 years of legal experience, he reviews the circumstances of the traffic stop, chemical testing, and other evidence used by the prosecution.
This page covers how DWAI-Combination charges work in New York, potential penalties, the evidence used in these cases, and possible defenses. It also addresses repeat offenses, prescription drugs, Drug Recognition Expert evaluations, and conviction sealing eligibility.
If you are facing a DWAI-Combination charge in Suffolk County, call the Law Offices of Jason Bassett, P.C. at (631) 259-6060 for a free consultation about your DWAI-Combination charge.
President of the Suffolk County Criminal Bar Association - 2024-2025
Mr. Jason Bassett treated my son’s case with respect, he showed empathy and was very patient with the many concerns I had during my son’s court dates. Very professional and if I have to use him again there would be no question that I would. I would most definitely recommend him.
New York Vehicle and Traffic Law § 1192(4-a) prohibits driving while impaired by the combined influence of alcohol and one or more qualifying drugs, or by two or more qualifying drugs. Unlike per se DWI, a DWAI-Combination charge does not require a BAC of .08% or higher.
For the charge to apply, the substance must qualify as a “drug” under VTL § 114-a. This includes substances listed in Public Health Law § 3306, as well as cannabis and concentrated cannabis. A substance can qualify even when it was legally prescribed, but a prescription or over-the-counter medication does not qualify simply because it can cause impairment.
The prosecution must then prove that the combined influence of the qualifying substances impaired the driver’s ability to operate a vehicle. Simply detecting alcohol and a drug in the driver’s system is not enough to establish the offense.
Call the Law Offices of Jason Bassett, P.C. at (631) 259-6060 for a free consultation about your case.
The main differences between these offenses are the substances involved, the level of impairment, and how the offense is classified. DWAI-Alcohol involves impairment by alcohol alone and is a traffic infraction, while DWI and DWAI-Combination are criminal offenses.
| Charge | Standard | Classification | First-Offense License Penalty |
|---|---|---|---|
| DWAI-Alcohol | Ability impaired by alcohol; BAC of .05% - .07% | Traffic infraction | 90-day suspension |
| DWI | BAC of .08% or higher, or intoxication by alcohol | Misdemeanor | Minimum 6-month revocation |
| DWAI-Combination | Impairment by the combined influence of alcohol and one or more qualifying drugs, or by two or more qualifying drugs | Misdemeanor | Minimum 6-month revocation |
DWAI-Alcohol under VTL § 1192(1) applies when alcohol impairs a person’s ability to drive. BAC evidence can support the charge, but the law does not limit DWAI-Alcohol to a specific BAC range. DWAI-Combination instead requires impairment from the combined influence of qualifying substances, so the presence of a drug alone does not turn a DWAI-Alcohol offense into DWAI-Combination.
New York recognizes per se DWI under VTL § 1192(2), which applies at a BAC of .08% or higher, and common-law DWI under § 1192(3), which is based on evidence of intoxication by alcohol. DWAI-Combination focuses on impairment caused by the combined influence of qualifying substances rather than alcohol alone.
The distinction between these charges affects both how the prosecution must prove the case and the consequences of a conviction. Call the Law Offices of Jason Bassett, P.C. at (631) 259-6060 for a free consultation about a DWI, DWAI-Alcohol, or DWAI-Combination charge.
Schedule a free consultation
Jason Basset was the greatest I must say! All of my concerns were dealt with and most of all he did his best to make sure I was happy with the decision. The respect and hard work he did for me will never go unnoticed.
A DWAI-Combination conviction in New York carries criminal penalties as well as consequences for your driving privileges. For a first offense, these include fines, possible jail time, a license revocation, and DMV consequences.
A first DWAI-Combination conviction carries a fine of $500 to $1,000 and up to one year in jail. The court also imposes mandatory surcharges and fees in addition to the fine, increasing the total financial cost of a conviction.
A first conviction results in a license revocation of at least six months. Eligible drivers can enroll in New York’s Impaired Driver Program (IDP) and apply for a conditional license or conditional driving privilege, which allows limited driving for approved purposes during the revocation period.
For qualifying alcohol- or drug-related driving violations occurring on or after February 16, 2026, New York DMV also assigns 11 points following a qualifying conviction or incident. DMV calculates points from the violation date, and reaching 11 points within 24 months can trigger a point-based suspension separate from the mandatory revocation.
A DWAI-Combination conviction can have consequences beyond the initial court penalties. Call the Law Offices of Jason Bassett, P.C. at (631) 259-6060 to get help addressing the charge.
To prove a DWAI-Combination case, the prosecution must establish that qualifying substances were involved and that their combined influence impaired the driver’s ability to operate a vehicle. Police can gather several types of evidence during the investigation, including observations of the driver, field sobriety tests, breath testing, chemical testing, statements, and a Drug Recognition Expert (DRE) evaluation.
A breath test measures the driver’s blood alcohol content but does not detect drugs. When the BAC is below .08% but the officer observes signs of impairment, such as slurred speech, poor coordination, or confusion, the officer can investigate whether another substance contributed to the driver’s condition.
Officers use standardized field sobriety tests to observe balance, coordination, attention, and the ability to follow instructions. The prosecution can use the officer’s observations and the driver’s performance as evidence of impairment, but the test results do not identify which substance caused it.
Blood or urine testing can identify qualifying drugs in the driver’s system and provide evidence about the substances involved. A positive result alone does not establish DWAI-Combination because the prosecution must still connect the substances to impairment at the time of driving.
The evidence in a DWAI-Combination case often comes from several parts of the police investigation rather than a single test. Call the Law Offices of Jason Bassett, P.C. at (631) 259-6060 to discuss the evidence involved in your case.
Jason Bassett, Esq. is a New York criminal defense attorney with more than 25 years of legal experience, including representing clients facing DWI and other criminal charges. He earned his Juris Doctor from Boston College Law School and previously served as an Assistant District Attorney in Queens County, a Principal Assistant County Attorney with the Suffolk County Department of Law, and a Special Assistant Attorney General with the New York Attorney General’s Office.
Attorney Bassett is admitted to practice in New York, the Eastern and Southern Districts of New York, and the U.S. Court of Appeals for the Second Circuit. His professional memberships include the National College for DUI Defense, National Association of Criminal Defense Lawyers, New York State Association of Criminal Defense Lawyers, and Suffolk County Criminal Bar Association.
A Drug Recognition Expert (DRE) is a police officer trained to evaluate drivers for signs of drug impairment. When a driver’s behavior or physical condition appears inconsistent with the BAC result, a DRE can conduct a more detailed evaluation to determine whether drugs are contributing to the suspected impairment.
The DRE follows a standardized 12-step process that includes observations and examinations of the driver’s physical and mental condition. The evaluation covers factors such as pupil size and reaction, pulse and blood pressure, muscle tone, coordination, and other signs associated with different drug categories.
The DRE then uses these findings to form an opinion about whether the driver is impaired and the category of drugs involved. This opinion is separate from laboratory toxicology results, so the defense can examine whether the evaluation was performed correctly and whether the DRE’s conclusions are supported by the other evidence.
A DRE evaluation can become an important part of the prosecution’s evidence in a DWAI-Combination case. Call the Law Offices of Jason Bassett, P.C. at (631) 259-6060 if DRE evidence is being used against you.
A prior qualifying impaired driving conviction within 10 years can raise a new DWAI-Combination charge from a misdemeanor to a felony. The classification and penalties depend on the number and type of qualifying prior convictions.
| Offense | Classification | Fine | Maximum Prison Term | License Action |
|---|---|---|---|---|
| Second qualifying offense within 10 years | Class E felony | $1,000 to $5,000 | 4 years | Revoked at least 1 year |
| Third qualifying offense within 10 years | Class D felony | $2,000 to $10,000 | 7 years | Revoked at least 1 year |
A DWAI-Combination offense with one qualifying prior conviction within 10 years is a Class E felony. The penalties include a $1,000 to $5,000 fine, up to four years in prison, and a license revocation of at least one year. The minimum revocation increases to 18 months when the current or qualifying prior conviction involves Aggravated DWI.
A DWAI-Combination offense with two qualifying prior convictions within 10 years is a Class D felony. It carries a $2,000 to $10,000 fine, up to seven years in prison, and a license revocation of at least one year. A felony conviction can also affect employment opportunities and other areas where a criminal record is considered.
Key Takeaway: Qualifying prior impaired-driving convictions within 10 years can elevate a DWAI-Combination charge to a felony, with increased fines, prison exposure, and license consequences.
Prior convictions can significantly change the classification and potential outcome of a new charge. For help with a repeat DWAI-Combination offense, contact the Law Offices of Jason Bassett, P.C. at (631) 259-6060.
Learn More
Yes. A prescription medication can support a DWAI-Combination charge when it qualifies as a “drug” under VTL § 114-a and, together with alcohol, impairs the driver’s ability to operate a vehicle. Having a valid prescription does not prevent a charge when these requirements are met.
Not every medication falls within the statutory definition of a drug. VTL § 114-a covers substances listed in Public Health Law § 3306, as well as cannabis and concentrated cannabis, so an ordinary over-the-counter medication does not qualify solely because it can cause drowsiness or other side effects.
The legal status of a prescription does not determine whether a DWAI-Combination charge applies. For assistance with a charge involving prescription drugs and alcohol, contact the Law Offices of Jason Bassett, P.C. at (631) 259-6060.
A DWAI-Combination defense can focus on the evidence used to establish impairment and the procedures followed during the investigation. This includes reviewing the DRE evaluation, chemical test results, and the legal basis for the traffic stop and arrest.
A DRE’s conclusion is based on observations made during a standardized evaluation. The defense can review the officer’s training and certification, whether the 12-step process was followed correctly, and whether the observed signs could have another explanation, such as fatigue, illness, or nervousness.
Blood and urine testing must follow established procedures for collecting, handling, and analyzing samples. The defense can review the chain of custody, laboratory procedures, and timing of the test to determine whether the results reliably show the presence of a qualifying drug and support impairment at the time of driving.
Police must have a lawful basis for stopping a vehicle, although the legal requirements differ for certain stops, including properly conducted sobriety checkpoints. The defense can also examine whether police had probable cause for the arrest. If a stop or arrest violated the driver’s rights, evidence obtained as a result can be subject to suppression.
Key Takeaway: A DWAI-Combination defense can address several parts of the prosecution’s case, including the traffic stop, DRE findings, chemical testing, and proof that the combined substances caused impairment.
The right defense depends on the evidence and circumstances surrounding the arrest. To speak with the Law Offices of Jason Bassett, P.C., call (631) 259-6060.
A DWAI-Combination conviction can qualify for sealing under New York law if the statutory requirements are met. Under CPL § 160.59, eligible convictions can be sealed through a court application after a 10-year waiting period, subject to restrictions based on the applicant’s criminal history and the offenses involved.
New York’s Clean Slate Act, CPL § 160.57, provides a separate process for the automatic sealing for eligible misdemeanor convictions after a 3-year waiting period following sentence completion or release from incarceration. The court system has until November 16, 2027, to complete implementation. Clean Slate sealing applies to criminal records for most civil background checks but does not seal driver history records maintained by the DMV under the Vehicle and Traffic Law.
Eligibility depends on the type of conviction, the person’s criminal record, and the requirements of the applicable sealing law. These factors determine which sealing process is available and whether an application to the court is required.
Sealing a DWAI-Combination conviction requires careful attention to New York’s eligibility rules and procedures. For help with a post-conviction sealing matter, reach the Law Offices of Jason Bassett, P.C. at (631) 259-6060.
At the Law Offices of Jason Bassett, P.C., we handle DWAI-Combination and other impaired-driving cases throughout Suffolk County and Long Island. From our Central Islip office, we assist clients facing charges in courts across the area.
Our services also extend to clients from outside the region who are facing DWAI-Combination charges in New York. Our office is located at 320 Carleton Avenue, Suite 4200, Central Islip, NY 11722.
If you need legal representation for a DWAI-Combination charge, call us at (631) 259-6060 to schedule a free consultation.
He treated me with respect and did everything in his power to ensure I received my freedom. Excellent. He was able to do beyond what was desired and expected.
President of the Suffolk County Criminal Bar Association - 2024-2025
A DWAI-Combination charge can involve several types of evidence, from chemical test results to police observations and DRE findings. Understanding how that evidence relates to the charge is an important part of determining how to respond.
Suffolk County DWI attorney Jason Bassett has more than 25 years of legal experience representing clients in criminal and impaired driving matters. His background also includes public-sector legal and enforcement roles in Suffolk County, giving him experience with both criminal defense and the local legal system.
If you are facing a DWAI-Combination charge in Suffolk County, our firm is ready to help. Call the Law Offices of Jason Bassett, P.C. at (631) 259-6060 for a free consultation.
It is charged as a misdemeanor on a first offense. A second or third offense within 10 years becomes a felony, either a Class E or Class D felony, with higher fines and possible prison time.
Yes. DWAI-Combination does not rely on BAC alone. It is based on the combined impairing effect of alcohol and any drug, including legal prescriptions, so a low reading can still support the charge.
Yes. A first conviction carries a mandatory license revocation of at least six months. Repeat offenses bring longer revocations, often one year or more depending on your record.
A DWI is based on a BAC of .08% or higher. DWAI-Combination applies when a lower BAC plus drug use together caused impairment, yet it carries the same misdemeanor penalties as a DWI.
These cases involve several forms of evidence, including breath test results, DRE findings, and chemical test results. An experienced defense attorney can review each stage and identify weaknesses the prosecution must overcome.
It depends on the evidence. Challenges to the traffic stop, the DRE evaluation, or the laboratory testing can sometimes lead to a reduced charge or a dismissal, but the outcome varies with the facts.
