Charged with DWAI in New York?

Fight Back and Save Your Criminal and Driving Record

New York state drunk driving laws are too complicated for most legal novices to navigate without some help.

The difference between a DWAI and a DWI is subtle, and the defense tactics a good lawyer would use can vary depending on the differences in these charges.

For that reason, I offer a free legal defense consultation and case evaluation on New York DWAI charges and drunk driving laws.

Call to find out what I can do to help you fight your case, keep your freedom, and defend your right to drive.

My initial consultation is absolutely free. Call (866) 382-8646 today.

New York DWAI Laws

DWAI is an abbreviation for Driving While Ability Impaired by Alcohol. It is a lesser offense than a DWI under New York law.

Most DWAIs are charged as a result of blowing a .06% or .07% BAC on a breathalyzer/breath test machine. You can also be charged with DWAI if there is other evidence of impairment by alcohol, but no breath test number as evidence against you.

In New York, DWAI is not considered a crime, although it is an alcohol related driving incident.

If we are able to get a DWI charge reduced to a DWAI, we may may avoid an ignition interlock device for multiple offenders.

Other DWAI Offenses include:

DWAI Drugs – Driving While Ability Impaired by the Use of a Drug

Any drug other than alcohol that affects your ability to drive, including drugs to which you are prescribed, such as your own legal prescription drugs.

DWAI Alcohol/Drugs – Driving While Ability Impaired by the Combined Influence of Drugs or Alcohol and Drugs

Any combination of alcohol and drugs which affects your ability to drive.

This law also applies to drugs to which you are prescribed.

New York DWAI Penalties

The range of possible DWAI penalties and drunk driving related offenses in New York is enormous.

Please take advantage of a free case evaluation and legal consultation if you are charged with any of these offenses.

There are many factors that can effect what you are facing as the evidence and facts apply to your specific case.

First offense DWAI

• Mandatory fine between $300 and $500.
• Possible jail time of up to 15 days (unlikely).
• Loss of license for 90 days.

Second Offense DWAI Within 5 years

• Mandatory fine between $500 and $750.
• Possible jail time of up to 30 days (unlikely, but not unheard of).
• Loss of license for at least 6 months.

Third Offense DWAI Within 10 years

• Mandatory fine between $750 and $1,500.
• Possible jail time of up to 180 days (jail time more likely).
• Loss of license for 90 days if previous violation occurred more that five years ago, and loss of license for at least 1 year if it happened within the past five years.

First Offense DWAI-A/D

• Mandatory fine between $500 and $1,000.
• Possible jail time of up to 1 year (unlikely).
• Loss of license for at least 6 months.

Second Offense DWAI-A/D

• Mandatory fine between $1,000 and $5,000.
• Possible prison time of up to 4 years (unlikely, but not unheard of).
• Loss of license for at least 1 year.

Third Offense DWAI-A/D

• Mandatory fine between $1,000 and $5,000.
• Possible prison time of up to 7 years (likely).
• Loss of license for at least 18 months.

First offense DWAI-Drugs

• Mandatory fine between $500 and $1,000.
• Possible jail time of up to 1 year (unlikely).
• Loss of license for at least 6 months.

Second Offense DWAI-Drugs within 5 Years (E Felony)

• Mandatory fine between $1,000 and $5,000.
• Mandatory jail time of at least 5 days or 30 days community service; possibility of prison for up to 4 years.
• Loss of license for at least 1 year.

Third Offense (Or More) DWAI-Drugs within 5 Years (D Felony)

• Mandatory fine between $2,000 and $10,000.
• Mandatory jail time of at least 10 days or 60 days community service; possibility of prison for up to 7 years.
• Loss of license for at least 1 year, ignition interlock device, and required alcohol evaluation.

Second Offense DWAI-Drugs within 10 Years

• Mandatory fine between $1,000 and $5,000.
• Possible prison time of up to 4 years (unlikely, but not unheard of).
• Loss of license for at least 1 year.

Third Offense (Or More) DWAI-Drugs within 10 Years

• Mandatory fine between $2,000 and $10,000.
• Possible prison time of up to 7 years (jail time likely).
• Loss of license for at least 1 year.

Confused about a NY DWAI Charge?

Get a Free Legal Consultation on What You Are Facing for DWAI Penalties

If you've been charged with DWAI or drunk driving in New York state, you need the advice of an experienced criminal defense lawyer who has defended DWAI cases before.

Call our New York law offices now to discuss your case, and what we can do in your defense.

The consultation and evaluation of your best defense options is free. Call (866) 382-8646 today.