Driving While Ability Impaired by Alcohol ("DWAI") is one of several New York DUI laws. Specifically, DWAI is the charge prosecutors bring when a driver's ability to operate a vehicle is impaired to any degree by their consumption of alcohol. Driving While Ability Impaired by Alcohol is considered an infraction as is far less serious than a DWI which is a criminal charge in New York.
The Elements of DWAI in New YorkBefore a judge or jury can convict anyone of a crime, the government must prove each element of the offense beyond a reasonable doubt. DWAI is no exception. The elements of Driving While Ability Impaired by Alcohol are:
Notably, the DWAI statute does not require the prosecution present evidence of chemical testing. Thus, prosecutors often bring DWAI charges where there are no breath or blood test results (due to refusal or law enforcement's failure/inability to conduct testing) or when a defendant's blood-alcohol content is between .05 and .07. In addition, the concept of operating is much broader than driving and so a person may be convicted of operating a vehicle even while parked.
Examples of Driving While Ability Impaired by AlcoholExamples of DWAI include:
Often, prosecutors bring Driving While Ability Impaired by Alcohol charges along with one or more of the following:
There are many defenses to New York DWAI charges. A successful defense may either reduce your sentencing exposure or result in the prosecution withdrawing the case against you or the jury returning a "not guilty" verdict. The most common defenses include the following:
Driving While Ability Impaired by Alcohol is considered a traffic infraction that carries up to 15 days in jail and a fine of up to $500. Additionally, there is a mandatory 90-day license suspension.
Speak with an Experienced New York About Your DWAI Case TodayIf you were recently arrested for a DWAI in New York, it is important you familiarize yourself with the many defenses that could prevent you from being convicted. The New York DWI / DUI defense lawyers at Tilem & Associates, P.C. have more than 25 years of hands-on experience aggressively defending clients charged with all types of DWI offenses. We understand the best DUI defenses and how to use them to ensure your case ends in the best result possible. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.