Under New York Vehicle & Traffic Law § 1192(4-a), Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and Any Drug or Drugs ("DWAI") is one of several New York DUI laws that prohibits operating a motor vehicle your ability to do so is impaired by the combined influence of drugs or of alcohol and any drug or drugs. DWAI under § 1192(4-a) is usually graded as a misdemeanor; however, it can be a Class E felony if you have a DWI-related conviction within the past ten years.
The Elements of DWAI By Drugs and AlcoholBeing charged with a crime isn't the same as being found guilty. It's up to the government to prove every element of the crime before a judge or jury can return a guilty verdict. Charges of driving under the combined influence of drugs and alcohol are no exception. The elements of DWAI drugs/alcohol are:
Often, the prosecution will present blood test results to prove that a defendant had consumed drugs and/or alcohol. However, this evidence is not required. Thus, in the absence of blood test results, prosecutors will typically rely on the following:
Examples of DWAI by Drugs and Alcohol include:
Often, prosecutors charge DWI offenses against a driver arrested for impaired driving. Some of the most common offenses that are charged alongside Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and Any Drug or Drugs include the following:
There are many defenses to charges related to driving under the influence of drugs and alcohol. Depending on the facts of your case, a successful defense may reduce your sentencing exposure, result in the prosecution withdrawing the case against you, or the jury returning a "not guilty" verdict. The most common defenses include the following:
If the prosecution is not relying on blood test results, it may be a defense to challenge the prosecution's evidence of intoxication. In this situation, a New York DUI defense attorney may also argue that any erratic driving you exhibited was not the result of your intoxication but due to some other cause.
What Are the Penalties for Violating NY Vehicle & Traffic Law § 1192(4-a)?Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and Any Drug or Drugs under § 1192(4-a) is a misdemeanor. If convicted, you will face a sentence of up to a year in jail and a fine between $500 and $1,000. However, if you have a prior qualifying DWI conviction from within the past ten years, the offense will be charged as a Class E felony. In this situation, a conviction would carry up to four years in jail and a fine between $1,000 and $5,000.
Have You Been Charged with Driving Under the Combined Influence of Alcohol and Drugs?If you were arrested for a New York DWI offense, it's easy to get overwhelmed by the "worst-case scenarios." And, while defending against New York DUI charges is challenging, it's not impossible. At Tilem & Associates, P.C., we have a successful track record of representing clients facing all types of DWI charges, including driving under the influence of drugs and alcohol. We understand the best DUI defenses and how to use them to ensure your case ends with 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.