DWAI
Buffalo DWI Lawyer
Being given a ticket for DWAI (Driving While Intoxicated) can be a rude awakening for a motorist. Buffalo DWI Lawyer John Dudziak will mount a strong defense against your alcohol related charge and is experienced helping residents fight driving while intoxicated charges.
A DWI (Driving While Intoxicated) occurs when an individual is charged with driving while having a Blood Alcohol Content (BAC) of .08% or higher. Driving While Ability Impaired charges are slightly lesser offenses, occurring when an individual is charged with driving while having a BAC of .05% – .07%.
Your First DWAI Offense (New York)
When you are charged with your first Driving While Intoxicated offense and need to defend it, it is useful to understand the various possible penalties. For your first DWAI, you will receive a mandatory fine between $300 and $500. Further, you will face a potential Jail Sentence of Fifteen (15) days. Finally, your Driver’s License will be mandatorily suspended for Ninety (90) days. You might also face a $255 surcharge, a driver responsibility assessment costing $250 every year for up to Three (3) years, and be required to attend a Victim Impact Panel.
Your Second DWAI Offense in 5 Years (New York)
If you have been charged with a Driving While Intoxicated offense after having been convicted of an alcohol related offense or DWAI Drugs within the past Five (5) years, the penalties are significantly higher. Most notably, your second DWAI offense will carry a discretionary revocation of your Driver’s license for at least Six (6) months. Further, you will face a mandatory fine between $500 and $750, and a possible Jail Sentence up to Thirty (30) days. You might also face a $255 surcharge, a driver responsibility assessment costing $250 every year for up to Three (3) years, and be required to attend a Victim Impact Panel.
Your Third DWAI Offense (New York)
If you have been charged with a Driving While Intoxicated offense after having Two (2) or more convictions of DWI, DWAI, Aggravated DWI, DWAI Combined Influence or DWAI Drugs within the past Ten (10) years, the penalties can be significantly higher because you can be charged with a misdemeanor DWAI.
You might face a fine between $750 and $1,500 and/or a Jail Sentence of 180 days. Further, you will not be relicensed for Five (5) years (plus however long your discretionary revocation lasts) – and after those Five (5+) years, you will be required to install and maintain an ignition interlock device for an additional Five (5) years. Before even being considered for relicensing, you will be required to provide evidence of alcohol rehabilitation. Finally, you might also face a $395 surcharge, a driver responsibility assessment costing $250 every year for up to Three (3) years, and be required to attend a Victim Impact Panel.
Frequently Asked Driving While Ability Impaired Questions:
What is an Alcohol DWAI?
- Alcohol DWAI means that you are charged with DWI because of alcohol and you do not have the “reasonable and prudent” ability to control a vehicle.
What is the Difference Between DWI and DWAI?
- The difference is slight, but significant. DWI’s occur when you have been charged with driving with BAC (Blood Alcohol Content) of .08% or higher. Driving While Ability Impaired charges are slightly lesser offenses, occurring if you have been charged with a BAC of .05% and .07%.
Can I lose my license from Driving While Ability Impaired?
- It is highly probable that you are going to lose your license for a short period of time, if not permanently. When you are arraigned in the court wherein you received your DWAI, there is something called a suspension pending prosecution. This means that if you have submitted to a chemical test, more commonly known as the breath test, and scored a 0.08% or higher, the judge will suspend your license pending the outcome of this matter. You may, pursuant to the Department of Motor Vehicles, obtain a conditional license under certain parameters. You should certainly get to a seasoned DWI attorney as soon as possible because there are time restraints at the arraignment and short hearing periods afterwards.
What is a DWAI-Drug?
- If you are charged with a Drug-DWAI, it means that it is alleged that you have drugs in your system that take away your “reasonable and prudent ability to control a vehicle. A combination-DWAI means that your ability to drive in a “reasonable and prudent” way is impaired by “any extent.” DWAI is considered a secondary offense.
What are the Penalties for Repeat DWAI-Drug Charges?
- Second Offense: DWI / DWAI-Drug (within 10 years) in New York – Class E felony
When a driver is charged with a second DWI or Driving While Ability Impaired by a Single Drug other than Alcohol (“DWAI-Drug”) within 10 years, he/she will face a Class E felony in New York with a possible fine of $1,000 to $5,000 and up to 4 years of jail time. Additionally, the driver will lose his or her driver’s license for at least 1 year.
- Third Offense: DWI / DWAI-Drug (within 10 years) in New York – Class D felony
When a driver is charged with a third DWI or Driving While Ability Impaired by a Single Drug other than Alcohol (“DWAI-Drug”) within 10 years, he or she will face a Class D felony in New York with a possible fine of $2,000 to $10,000 and up to 7 years of jail time. Additionally, the driver will lose his or her driver’s license for at least 1 year.
- Second Offense: DWAI-Combination (within 10 years) in New York – Class E felony
When a driver is charged with a second Driving While Ability Impaired by a Combination of Drugs or Alcohol (“DWAI-Combination”) within 10) years, he or she will face a Class E felony in New York with a possible fine of $1,000 to $5,000 and up to 4 years of jail time. Additionally, the driver will lose his or her driver’s license for at least 1 year.
- Third Offense: DWAI-Combination (within 10 years) in New York – Class D felony
When a driver is charged with a third Driving While Ability Impaired by a Combination of Drugs or Alcohol (“DWAI-Combination”) within 10 years, he or she will face a Class D felony in New York with a possible fine of $2,000 to $10,000 and up to 7 years of jail time. Additionally, the driver will lose his or her driver’s license for at least 1 year.
Mounting a Successful Driving While Ability Impaired Defense
Have you been charged with a Driving While Intoxicated? Are you wondering how to mount a strong defense? Our highly skilled Buffalo DWI Lawyer will defend your rights and help you navigate the highly complicated legal system. Call today for a FREE consultation and discover how we can help.
As a former Erie County Assistant District Attorney, former Town Attorney and Prosecutor for Lancaster, John M. Dudziak understands the law, and has the skills necessary to protect your rights. He is available 24 hours a day, 7 Days a week for a FREE phone consultation.