Getting charged with a DWAI or Driving While Ability Impaired in New York is a serious matter. The state puts a high priority on keeping the roads safe, and law enforcement officers remain alert to signs of alcohol or drug use during traffic stops. Prosecutors don’t take these cases lightly. They’ve seen the damage impaired driving can cause, and they often come into court ready to push hard for a conviction. If you’ve been arrested for DWAI, DWI, DWAI-Drugs, or any other type of impaired driving offense in Suffolk or Nassau County, you need to take action to protect yourself as soon as possible.
Your rights matter, and so does having someone in your corner who knows how this process works and can represent your interests at every step. Attorney Jason Bassett has handled plenty of cases like yours throughout Long Island. He can evaluate the details of what happened, explain your options clearly, and help you figure out the best way forward based on your situation.
If you’ve been arrested and charged with DWI, DWAI, DWAI – Drugs, or any form of impaired driving in Suffolk County or Nassau County, protect your rights and contact Long Island DWI attorney Jason Bassett. The Law Offices of Jason Bassett can provide you with legal representation and guidance to help you through your case and secure the best possible outcome for your situation. Understanding the difference between DWAI, DWI, and DUI is crucial in these situations. Contact us today at (631) 259-6060 to schedule a confidential consultation and take the first step in safeguarding your future.
Impaired Driving in New York: Is A DWI And A DUI The Same Thing?
DWI stands for “Driving While Intoxicated,” while DUI stands for “Driving Under the Influence”. People often use DUI and DWI interchangeably; however, which term is used officially in the laws of a particular state varies across the country. In most states, a person is considered too intoxicated to legally drive if they have a BAC (which stands for blood alcohol concentration) of at least .08 %. The difference between DUI and DWI can be subtle. Some states use the term DWI for this criminal offense and others use DUI. In the state of New York, we use DWI for charges involving intoxicated driving with a BAC of .08% and above.
What is a DWAI?
DWAI stands for “Driving While Ability Impaired”. In New York, it is considered a legal offense for any individual to operate a motor vehicle while impaired by alcohol consumption. The degree of impairment can vary, and it is not solely based on a specific blood alcohol concentration (BAC) level.
Even if a driver’s BAC is below the legal limit of 0.08%, they can still face Driving While Ability Impaired (DWAI) charges if they show signs of impairment, such as slurred speech, slowed reaction time, or poor coordination.
The laws in the state of New York identify three types of DWAI, which are DWAI/Alcohol, DWAI/Drug, and DWAI/Combination.
- DWAI/Alcohol: A driver operates a vehicle while their ability is impaired by alcohol, with a Blood Alcohol Content (BAC) between 0.05% and 0.07%.
- DWAI/Drug: A driver operates a vehicle while their ability is impaired by a single drug other than alcohol.
- DWAI/Combination: A driver operates a vehicle while their ability is impaired by a combination of drugs and/or alcohol.
Under Section 1192.1 of the New York Vehicle and Traffic Law, DWAI includes a wide-ranging definition of driving, which encompasses being in physical control of a vehicle while impaired by alcohol. This means that individuals sitting in the driver’s seat with the keys in the ignition, even if the engine is off, can still be charged with DWAI.
If you find yourself facing DWAI charges, it is crucial to understand the potential consequences involved. At The Law Offices of Jason Bassett, our Long Island DWI attorney, Jason Bassett, is dedicated to providing legal representation and guidance to individuals facing DWAI charges. Attorney Bassett possesses in-depth knowledge of handling DWI cases, with a seasoned understanding of the legal system and the nuances associated with impaired driving and related charges. For a personalized consultation, contact Jason Bassett today.
Long Island DWI Lawyer Jason Bassett, Esq.
Jason Bassett, Esq.
With over two decades of legal experience, Jason Bassett, Esq. has dedicated his career to defending individuals against powerful institutions, from prosecutors and police departments to government agencies and large corporations. Known for his aggressive advocacy and strategic defense, Mr. Bassett represents clients in both state and federal courts, ensuring their rights are protected and their voices are heard.
- Over 21 years of criminal defense and litigation experience
- Defends clients in DWI & DUI cases, as well as serious state and federal charges
- Former Assistant District Attorney with deep insight into prosecution strategies
- Boston College Law School (J.D., 1999); University of Pennsylvania (B.A., 1994)
- Former Roles: Special Assistant Attorney General (NY), Chief Deputy Commissioner (Town of Islip), Principal Assistant County Attorney (Suffolk County)
- Admitted to practice in New York State, U.S. District Courts (Eastern & Southern NY), and the U.S. Court of Appeals (Second Circuit)
- Active member of NACDL, NYSACDL, Suffolk County Criminal Bar Association, National College for DUI Defense, and Federal Bar Council
DWI vs. DWAI: How Are They Different?
A DWI charge in New York is specifically related to alcohol-impaired driving. If you drive in New York, you can be charged with DWI if your blood alcohol content (BAC) is at or above .08%, also known as a per se DWI.
A DWAI charge, on the other hand, can be levied against a driver who has not reached the .08% BAC threshold but who is still considered impaired. DWAI in New York is separated into three categories:
- DWAI (which refers to impairment by Alcohol)
- DWAI – Drugs
- DWAI – Combination of Alcohol & Drugs
You can be charged with DWAI pursuant to VTL 1192.1, an infraction if you are found to be driving with a BAC between .05% and .07%.
A driver is charged with DWAI – Drugs under VTL 1192.4, a misdemeanor, if they are alleged to have been operating a motor vehicle while under the influence of recreational and/or prescription drugs that can cause impairment (these substances are listed in the Public Health Law).
If you are alleged to have been driving under the influence of a combination of alcohol and drugs, you will be charged under VTL 1192.4-a, a misdemeanor.
Defining Legal Impairment
For both DWI and DWAI, for a driver to be proven impaired, the government must prove that the alcohol made the driver substantially incapable of operating their vehicle safely.
For DWAI – Drugs and DWAI – Combination of Alcohol & Drugs, the prosecution only needs to prove that the person’s ability to drive was impaired to any degree.
Is DWAI A Misdemeanor In NY?
In New York, DWAI charges are generally less severe than DWI charges. This is primarily because DWAI charges require a lower blood alcohol content threshold. Convictions for DWAI charges typically come with penalties that can include fines of up to $1,000, imprisonment for a maximum of one year, probation lasting three years, and an automatic minimum six-month suspension of your driver’s license.
Driving While Ability Impaired by Drugs (DWAI-Drugs) is a significant misdemeanor offense in the state of New York. The consequences for this violation can encompass the loss of your driver’s license, vehicle impoundment, hefty fines, and even imprisonment. This offense is defined under Vehicle and Traffic Law § 1192(4) and applies to anyone found operating a motor vehicle in New York while influenced by a controlled substance as listed in section 3306 of the New York Public Health Law.
Moreover, under New York law, DWAI penalties can intensify with each successive charge. If you accumulate a sufficient number of DWAI charges, it can lead to a felony charge instead of a misdemeanor.
Long Island DWI attorney Jason Bassett provides clear and reliable legal representation for individuals facing DWAI charges. With a strong command of New York’s impaired driving laws, he offers steady support throughout each stage of the legal process. Clients can expect thoughtful guidance and dedicated advocacy tailored to the circumstances of their case. Reach out to schedule a free consultation and take the first step toward protecting your rights and working toward a resolution that reflects your best interests.
Penalties for DWAI in New York
New York law imposes strict penalties for DWAI offenses, even for a first conviction. The severity of these penalties depends on the substances involved and whether it is a repeat offense. Below is a breakdown of the potential consequences associated with various DWAI charges:
For a first-offense DWAI, the penalties can be:
- A fine between $300 and $500
- Driver’s License suspension of 90 days
- Jail term up to 15 days
First-Offense DWAI (Drugs):
- A fine between $500 and $1000
- Driver’s License suspension for 6 months
- 3 years of Probation
- Jail term up to 1 year
First-Offense DWAI (Combination of Alcohol and Drugs):
- A fine between $500 and $1000
- Driver’s License revocation for 6 months
- 3 years of Probation
- Jail term up to 1 year
Subsequent convictions, particularly within five years of a previous conviction, may bring on more severe legal penalties, including longer jail sentences, higher fines, and longer periods of license suspension or revocation.
Aggravating circumstances can also add to the penalties for a DWAI conviction. If a person causes personal injury or property damage while driving while ability impaired, they may also face additional penalties in association with their DWAI charge.
| DWAI Offense Type | Fine Range | License Suspension Period | Jail Term |
|---|---|---|---|
| First Offense DWAI | $300 – $500 | 90 days | Up to 15 days |
| First Offense DWAI – Drugs | $500 – $1000 | 6 months | Up to 1 year |
| First Offense DWAI – Alcohol & Drugs | $500 – $1000 | 6 months | Up to 1 year |
How Long Does a DWAI Stay on Record in NY?
In New York, the duration of a Driving While Ability Impaired (DWAI) conviction staying on your driving record is 10 years. This period is counted from the date of conviction itself.
For residents of New York, this has various implications, particularly concerning how long the conviction may impact your insurance rates and your eligibility for certain types of employment that require a clean driving record. It’s crucial to understand that during these 10 years, the DWAI can be considered by insurance companies when setting premiums, potentially leading to higher costs. Additionally, employers who check driving records as part of their hiring process will be able to see this conviction.
While the conviction is visible on your driving record for 10 years, it’s also important to remember that different rules might apply if you have more than one DWAI or if other offenses are involved. Multiple offenses can lead to more severe consequences and might affect how long various penalties last.
Knowing this key information helps in planning and managing the consequences associated with a DWAI conviction. If you find yourself dealing with a DWAI, it might be beneficial to consult with a Long Island DWI attorney who can offer guidance tailored to your specific circumstances.
Get Experienced DWAI Guidance Today
Facing a DWAI charge in New York can be an overwhelming experience, with legal penalties that may affect your license, your finances, and your future. A skilled Long Island DWI lawyer can provide the legal guidance necessary to respond to the charge with clarity and purpose. With a strong grasp of New York’s impaired driving laws, Criminal Attorney Jason Bassett can evaluate the details of your case, challenge evidence, and present a tailored defense aimed at reducing or avoiding the harshest penalties.
If you are dealing with a DWAI charge, taking prompt action can make a significant difference. Contact us today at (631) 259-6060 to speak with our Long Island DWI attorney and receive dedicated legal support throughout the process.