Ignition Interlock Devices
New York DWAI Lawyer
Experienced New York DWAI Lawyer Securing Your Future from DWAI Violations
New York DWAI lawyer Carl Spector advises clients that DWAI or driving while your ability is impaired in New York carries less severe penalties than a DWI or an Aggravated DWI conviction. A conviction to a DWAI is not a criminal conviction but instead a traffic violation. If you have been charged with a DWAI in New York, you should have an experienced New York DWAI Lawyer represent you and protect your driving record. Attorney Carl Spector has spent over 30 years representing New York motorists who have been charged with DWI, DWAI, and other alcohol related charges.
What is Driving While Ability Impaired?
- Having a Blood Alcohol level of more than .05 BAC and up to .07 BAC, or other evidence of impairment.
- For drivers of commercial motor vehicles who are under age 21, .02 BAC or other evidence of impairment.
In New York, one is ordinarily charged with both a DWI/DUI (driving while intoxicated) and a DWAI (driving while ability impaired). The reason that prosecutors do this is because a DWAI is what we call a lesser included offense. However, a DWAI is not a crime. It is a traffic infraction. The consequences of driving while ability impaired are not as severe as driving while intoxicated.
A DWAI conviction does not count as a prior DWI because a conviction for a DWAI is a traffic infraction. Technically speaking, a blood alcohol content level around a 0.06% and 0.07% is considered a DWAI. Thus for a person with a blood alcohol content of 0.08% or more, a DWAI may be a viable plea bargain option. Going from a case where you are charged with a DWI where your blood alcohol content might be 0.10%, which is a crime, may be resolved in a plea bargain for DWAI.
Penalties of DWAI
In New York State, DWAI or Driving While Ability is Impaired tends to carry less severe penalties than a DWI or an Aggravated DWI conviction. A conviction to a DWAI is not a criminal conviction but instead a traffic violation. If you have been charged with a DWAI in New York, you need an experienced lawyer who understands New York DWI law to represent you, protect your driving record and secure your future from a DWAI violation.
- Driving While Ability Impaired (DWAI by alcohol) fine ranges from $300 to $500, maximum jail 15 days, 90 days suspension of drivers license;
- Driving While Impaired by a Drug (DWAI-Drug) fine ranges from $500 to $1,000, maximum jail time is 1 year, driver’s license suspension for at least six months;
- Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) fine ranges from $500 to $1,000, maximum jail time 1 year, drivers license revocation for at least six months.
Additional penalties apply to second and third DWAI convictions.
Although the penalties are less severe than a DWI, they can have a negative impact, such as much higher insurance rates and could impact your job – or future employment opportunities.
DWI Defense | Dropped Down to a DWAI
In the state of New York, a DWI conviction is a misdemeanor. With the consent of the prosecutor and the acceptance by the judge, DWI’s can be dropped down to a DWAI. This charge is a traffic infraction, which carries a shorter period of suspension, no ignition interlock device installation, a smaller fine and most importantly, no criminal conviction.
If you have been charged with DWAI or any alcohol related charge in New York, we urge you to call New York DWAI Lawyer Carl Spector for a free no obligation consultation. Attorney Carl Spector has significant experience handling DWAI matters and will use his knowledge of the law to get the best possible result for your DWAI case.