New York Vehicle & Traffic Law § 1192(1) – Driving While Ability Impaired by Alcohol

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.

Before 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:

1. The defendant operated a motor vehicle; and
2. The defendant did so while their ability to operate the vehicle was impaired by their consumption of alcohol.

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 DWAI include:

• A motorist who has a BAC of .06 and whose dangerous driving caused a vehicle collision;
• A motorist refused chemical testing, but the officer observed dangerous driving and the smell of alcohol on the motorist's breath

Often, prosecutors bring Driving While Ability Impaired by Alcohol charges along with one or more of the following:

• Driving While Ability Impaired by Drugs – N.Y. VTL § 1192(4)
• Driving While Ability Impaired by the Combined Influence of Drugs and Alcohol – N.Y. VTL § 1192(4-a)
• Driving While Intoxicated – N.Y. VTL § 1192(3)
• Driving While Intoxicated Per Se – N.Y. VTL § 1192(2)
• Aggravated Driving While Intoxicated Per Se – N.Y. VTL § 1192(2-a)(a)
• Aggravated Driving While Intoxicated Per Se with a Child – N.Y. VTL § 1192(2-a)(b)
• Vehicular Assault in the Second Degree – N.Y. Penal Law § 120.04
• Vehicular Assault in the Second Degree – N.Y. Penal Law § 120.03
• Aggravated Vehicular Assault – N.Y. Penal Law § 120.04-a

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:

• You were not "operating" the vehicle;
• Insufficient evidence of intoxication;
• You were not engaged in dangerous driving behavior;
• A lack of probable cause or reasonable suspicion; and
• No connection between your alleged intoxication and your alleged dangerous driving.

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.

If 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.