In New York, Driving While Impaired (DWI) refers to operating a vehicle under the influence of alcohol, drugs, or both, to the point where the driver’s ability to operate the vehicle safely is significantly diminished. The term can encompass a variety of offenses, with the most common being Driving While Intoxicated (DWI) and Driving While Ability Impaired (DWAI). Although these terms are related, they each carry different legal implications and penalties.
If you or someone you know has been charged with a DWI offense in New York, understanding the specifics of the law, the penalties, and the importance of hiring an experienced lawyer is crucial. Here’s what you need to know about Driving While Impaired in New York.
Types of Impairment Offenses in New York
In New York, impaired driving can be classified into several categories:
1. Driving While Intoxicated (DWI) - Alcohol
- This charge is made when a driver’s blood alcohol concentration (BAC) is 0.08% or higher. A driver with this BAC level is considered intoxicated and unfit to drive safely.
2. Driving While Ability Impaired by Alcohol (DWAI-Alcohol)
- If a driver’s BAC is between 0.05% and 0.07%, they can be charged with DWAI-Alcohol. This is a less severe charge than a full DWI but still represents impairment by alcohol. While it's not considered intoxication, the impairment is enough to affect the driver’s ability to operate the vehicle safely.
3. Driving While Ability Impaired by Drugs (DWAI-Drugs)
- A driver can also be charged with DWAI if they are impaired by drugs, whether prescription medication, over-the-counter drugs, or illegal substances. Unlike alcohol, there is no specific BAC for drugs; the charge is based on the impairment caused by the substance in question.
4. Aggravated Driving While Intoxicated (AGG-DWI)
- If a driver’s BAC is 0.18% or higher, they can face an Aggravated DWI charge, which carries enhanced penalties due to the high level of intoxication.
Penalties for Driving While Impaired in New York
The penalties for impaired driving vary depending on the charge and whether it’s a first-time or repeat offense. Here’s a breakdown of the potential consequences:
DWAI-Alcohol Penalties (First Offense)
- Fines: $300 to $500.
- Jail Time: Up to Shoplifting Lawyer New York 15 days in jail.
- License Suspension: Typically a 90-day suspension of your driver’s license.
- Mandatory Education Programs: Attendance at an alcohol education or treatment program may be required.
DWAI-Alcohol Penalties (Second Offense)
- Fines: $500 to $750.
- Jail Time: Up to 30 days in jail.
- License Suspension: Up to 6 months.
- Mandatory Education: Alcohol treatment and education may be mandated.
DWAI-Drugs Penalties (First Offense)
- Fines: $500 to $1,000.
- Jail Time: Up to 15 days in jail.
- License Suspension: Up to 6 months.
- Education Programs: Drug education and rehabilitation may be required.
DWI Penalties (First Offense)
- Fines: $500 to $1,000.
- Jail Time: Up to 1 year in jail.
- License Suspension: Up to 1 year.
- Probation: May be imposed.
- Alcohol Treatment: Required treatment programs.
AGG-DWI (First Offense)
- Fines: $1,000 to $2,500.
- Jail Time: Up to 1 year in jail.
- License Suspension: Up to 1 year.
- Alcohol Treatment: Mandatory treatment programs.
DWI vs. DWAI: Key Differences
DWAI-Alcohol: This offense occurs when the driver’s BAC is between 0.05% and 0.07%, which represents a lesser level of impairment than a full DWI. It is a violation, not a criminal offense, and typically comes with lesser penalties than DWI.
DWI: A full DWI charge is given when a driver has a BAC of 0.08% or higher, or when they are found to be significantly impaired by drugs. This is a criminal offense and carries more severe consequences, including potential jail time, higher fines, and a longer license suspension.
DWAI-Drugs: This charge applies when a driver is impaired by drugs, regardless of whether they are prescription, over-the-counter, or illegal drugs.
How DWI and DWAI Charges Impact You
Being charged with a DWI or DWAI in New York can have long-lasting effects on your life, including the following:
Criminal Record: A DWI conviction results in a permanent criminal record, which can impact your job prospects, professional licensing, and personal reputation. Even a DWAI-Alcohol charge can result in a criminal record, though it's usually considered a violation and not a criminal misdemeanor.
Insurance Costs: After a DWI or DWAI conviction, your car insurance premiums will likely increase significantly, as insurers view you as a higher risk. In some cases, drivers may have difficulty finding insurance or may be required to obtain high-risk insurance.
Employment Opportunities: Some employers may conduct background checks, and a DWI conviction could affect your employment prospects, especially if you work in fields that involve driving or handling sensitive materials.
Increased Penalties for Repeat Offenders: The more times you are convicted of DWAI or DWI, the harsher the penalties become. This can include longer license suspensions, larger fines, longer jail sentences, and mandatory long-term education or treatment programs.
Defending Against DWI and DWAI Charges in New York
If you’re charged with a DWI or DWAI offense, hiring an experienced DUI/DWI lawyer is crucial. A skilled attorney can:
Challenge the Evidence: Your lawyer may challenge the evidence against you, including the reliability of breathalyzer or blood test results, the officer’s conduct during the traffic stop, or the accuracy of field sobriety tests.
Negotiate Plea Deals: In some cases, a lawyer may be able to negotiate a plea deal that reduces the severity of the charges or penalties.
Testify in Court: If your case goes to trial, an attorney can present a defense on your behalf, aiming for a reduction or dismissal of the charges.
Ensure Your Rights Are Protected: Your lawyer can make sure that law enforcement followed the proper procedures, protecting you from potential violations of your rights.
What to Do if You’re Stopped for Impaired Driving
If you are stopped by a police officer and suspected of being impaired, here are some important things to keep in mind:
- Stay Calm and Polite: Always be respectful when interacting with law enforcement.
- Refuse Field Sobriety Tests: You have the right to refuse field sobriety tests, although this may result in the suspension of your driver’s license.
- Breathalyzer and Blood Tests: In New York, implied consent laws require you to submit to a chemical test (breath, blood, or urine) if requested by the police. Refusing a breathalyzer test can lead to automatic license suspension and increased penalties.
- Consult an Attorney: As soon as possible, consult with a skilled DWI or DWAI lawyer to understand your rights and build a defense strategy.
Conclusion
A DWI or DWAI charge in New York is a serious legal matter with potentially severe consequences, including fines, license suspension, and jail time. Whether you are facing a charge for impaired driving due to alcohol or drugs, it’s crucial to understand the laws surrounding these offenses and seek legal assistance. An experienced attorney can help you navigate the complex legal process and work toward minimizing the impact of a conviction on your life.
