Driving While Ability Impaired (DWAI) is considered a traffic infraction in the state of New York. If you are charged with a DWAI, the prosecutor in your case will only have to prove that there was an extent of impairment in your ability to drive. DWAI is a lower level of “drunk-driving” offense in New York State. According to the New York State DMV, it is possible for the defendant to fight these kinds of charges to avert conviction.
It is advisable to fight these charges because, the penalties for a DWAI are extensively harsh for if you are found guilty. Also, if you are convicted, you may not have a plea bargain for you. The DWAI cases are fairly easier to win thus you will lose nothing by fighting a DWAI case posed against you. However, the cases are easy if you are charged with DWAI for alcohol. For DWAI drugs, the severity of the penalties increases significantly.
Though a first-time DWAI conviction for you is not criminal, you may face hefty penalties that are considerably harsh. In a majority of the cases, you’ll be faced with fines that exceed $1,000 and may even go as high as $2,000.
Additionally, if you are a first-time offender, your driving license will be suspended for up to 90 days.
Furthermore, your insurance rates will increase significantly. In some cases, you may be required to pay amounts over $1,000 annually in the form of increased premiums. To sum it up, a DWAI violation in the New York State will remain on your driving records for up to 10 years. Moreover, this violation may always show up on a criminal history check for the rest of your life.
If you are an out-of-state driver, a DWAI in New York will make you suffer consequences back in your home state. For instance, if you are charged with DWAI alcohol in New York and your home state is Florida; your driving license will be revoked for six months.
Therefore, you are advised to make sure that you understand the all the consequences of a DWAI in New York before you accept it. If you work as a driver, the suspension or revocation of your driving license will make you lose your job. Furthermore, countries like Canada will deny you entry into their jurisdiction as a result of your being convicted with a DWAI.
Plea Bargaining Your DWAI Case
- If your blood alcohol content (BAC) is rated at 0.05, there is a possibility that you can get legal assistance to get your case reduced or entirely dismissed
- If your BAC is 0.06, your legal advisers can settle a deal on your behalf to avert the harsh penalties
- If the BAC is 0.07, your lawyer will have to help you fight it. In the instances that your only offer is to plead guilty, you will have nothing to lose by fighting your case through a formal hearing or even a trial in court.
The case of DWAI violation is easy to win. The reason for the easy wins for you is that; the prosecution has to prove that you were impaired yet driving with a BAC of below 0.08 is not illegal in of itself. Therefore, the prosecution will have a difficult time trying to prove that you were impaired based on the alcohol content in your blood.
Additionally, whenever you are arrested with a BAC below 0.08, the prosecution might suspect other motives were involved. If you were arrested solely for the DWAI, the case would not stand because it is in contradiction to the New York Standardized Field Sobriety Tests. Read more about these tests here.