Experienced DWAI Attorney
If you've been charged with Driving While Ability Impaired (DWAI) in the Capital Region of New York, you may be facing serious consequences that can impact your life, including fines, license suspension, and even jail time. It's crucial to understand the charges against you and seek experienced legal representation to protect your rights and future.
Facing DWAI charges in the NY Capital Region? Call Attorney Andrew DeLuca at 518-245-9109 for a free consultation.
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What is DWAI in New York?
Under New York Vehicle and Traffic Law § 1192.1, Driving While Ability Impaired is defined as operating a motor vehicle while your ability to do so is impaired by the consumption of alcohol or drugs, including prescription medications. DWAI is a lesser offense than Driving While Intoxicated (DWI), but it still carries significant penalties.
To be charged with DWAI, your blood alcohol content (BAC) must be between 0.05% and 0.07%, or there must be evidence that your driving ability was impaired by alcohol or drugs.
Circumstances of Impairment
There are various circumstances that can lead to a DWAI charge, including:
- Consuming alcohol before driving
- Taking prescription medications that impair your driving ability
- Using illegal drugs before operating a vehicle
- Combining alcohol and drugs, even if the substances are legal when used separately
Regardless of the specific circumstances, if your ability to drive safely is impaired, you can be charged with DWAI in New York.
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DWAI Cases with a Breath Test Reading of 0.05 or Over
In New York, if you submit to a breathalyzer test and your BAC is between 0.05% and 0.07%, you can be charged with DWAI. This is known as a "per se" DWAI, meaning that the BAC reading alone is sufficient evidence to support the charge, even if there are no other signs of impairment.
If you refuse to submit to a breathalyzer test, you may face additional penalties, including license revocation and the use of your refusal as evidence against you in court.
Penalties for DWAI in the Capital Region
If convicted of DWAI in the Capital Region, you may face the following penalties:
- Fines ranging from $300 to $500
- Up to 15 days in jail
- Driver's license suspension for 90 days
- Mandatory attendance at a Victim Impact Panel
- Possible enrollment in a DWI prevention program
These penalties can be enhanced if you have prior DWAI or DWI convictions within the past 10 years, making it essential to have a skilled attorney who can navigate the complexities of your case.
Defending Against DWAI Charges
If you've been charged with DWAI, your attorney may explore several defense strategies, such as:
- Challenging the legality of the traffic stop
- Questioning the accuracy of the BAC test results
- Examining whether proper testing procedures were followed
- Arguing that your ability to drive was not impaired
- Negotiating with prosecutors to reduce charges or penalties
An experienced DWAI attorney will evaluate the unique circumstances of your case and work tirelessly to protect your rights and minimize the impact on your life.
Finding a DWAI Attorney
Don't let a DWAI charge jeopardize your future. If you've been arrested, call The Law Office of Andrew DeLuca at 518-245-9109 to schedule your free consultation
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