In New York, there are two main driving under the influence offenses, DWI and DWAI. DWI stands for “Driving While Intoxicated,” while DWAI stands for “Driving While Ability Impaired.” There are three different kinds of DWAI, including being impaired by alcohol, a single drug other than alcohol, and by a combined influence of drugs or alcohol. Driving under the influence of drugs and other substances is also illegal and can result in the same offense. New York also has Aggravated Driving While Intoxicated (AGG DWI) offenses for aggravated driving under the influence of alcohol and/or drugs.
Included DWI and DWAI substances in New York are alcohol, drugs, or the combination of alcohol and drugs, including cannabis, marijuana, and/or illegal drugs such as, but not limited to, opiates, narcotics, depressants, stimulants, hallucinogens. The use of prescription drugs can also result in a DWI if the person is not safe to drive under the influence of that drug or medication, even if it is prescribed to that individual. In addition, any drug that can affect your reflexes, judgment, vision, and alertness, including over-the-counter medications, like cold and allergy medicines, may cause you to be intoxicated enough to be charged with a driving offense.
Legal Limits in the State of New York
In New York, for those who are 21 years of age or older, a BAC, or Blood Alcohol Content, of more than .05 percent is legal evidence that you are impaired and can lead to an arrest for DWAI under New York Vehicle and Traffic Law § 1192.1. A BAC of .08 percent or higher is evidence of intoxication and can lead to an arrest for DWI under New York Vehicle and Traffic Law § 1192.2. A BAC of .18 percent or more is evidence of aggravated driving while intoxicated and can lead to an arrest for Agg DWI under New York Vehicle and Traffic Law § 1192.2(2-a).
Methods to test intoxication levels include chemical tests that use blood, breath, urine or saliva to measure the BAC of a person. If you are arrested for an alcohol or drug-related violation, the police officer will likely request that you submit to a chemical test.
Penalties for DWI, DWAI & AGG DWI in the Excelsior State
In New York state, the penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term. For the first offense DWI or DWAI is considered a misdemeanor conviction that results in a lifetime criminal record. Penalties include a mandatory fine ranging from $500 to $1000, possible maximum imprisonment up to 12 months, and a mandatory revoked driver’s license for six months. A second DWI or DWAI can lead to felony charges.
An AGG DWI is considered more severe and comes with a mandatory fine ranging from $1000 to $2,500, possible maximum imprisonment up to 12 months, and a mandatory revoked driver’s license for one year. The penalties for each subsequent offense for a DWI, DWAI and AGG DWI within 10 years after the first charge are increasingly severe.
Have You Been Arrested for Drunk Driving?
If you or a loved one have been charged with a DWI, DWAI, or AGG DWI for drugs, alcohol, or other substances, you need the expertise of Adam Bolotin. Adam Bolotin has many years of experience beating serious criminal charges including DWI. Call Adam Bolotin directly at 646-368-8688, or click here to schedule a free consultation.
