New York Driving While Ability Impaired (DWAI)

Driving while your ability is impaired in New York carries less severe penalties than a DWI or an Aggravated DWI conviction.

And a conviction to a DWAI is not a criminal conviction but instead a traffic violation.

Driving While Ability Impaired by alcohol is:

  • 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.

The penalties for DWAI are:

  1. Driving While Ability Impaired (DWAI by alcohol) fine ranges from $300 to $500, maximum jail 15 days, 90 days suspension of drivers license;
  2. Driving While Impaired by a Drug (DWAI-Drug) fine ranges from $500 to $1,000, maximum jail time is 1 year, drivers license suspension for at least six months;
  3. 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.

If you have been charged with DWAI anywhere in New York, we urge you to call for a no obligation consultation. The attorneys with www.newyorkdui.com have significant experience handling DWAI matters and will use their knowledge of the law and New York prosecution methods to get the best possible result for your DWAI case.

For some of the most experienced DWAI representation in New York, give us a call. We will not pressure you. We will not play any games. We’ll answer your questions – and ask you a few as well. And if you want us to help….we will.

Call 24 hours a day, 365 days a year.

  • In the NYC area and Long Island, call us at 212 683 5912.
  • For WNY & Upstate NY, call 1 800 879 6410.
  • If the call is long distance, or you live elsewhere in New York, call us for free at 1 800 879 6410.

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