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

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.

Being 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:

1. The defendant operated a motor vehicle; and
2. The defendant's ability to drive was impaired by the combined use of drugs or by the combined influence of alcohol and drugs.

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:

• If there was an accident, the circumstances surrounding the accident;
• The driver's physical condition and appearance;
• The way the driver was operating the vehicle;
• The smell of drugs or alcohol; and
• The presence of drugs or alcohol in the vehicle.

Examples of DWAI by Drugs and Alcohol include:

• A motorist is pulled over for erratic driving, agrees to take a blood test, and the test indicates they were under the influence of marijuana and alcohol;
• A motorist is pulled over for driving too slow, refuses to take a blood test, and the officer believes that the driver was intoxicated based on the smell of alcohol on the driver's breath and a used hypodermic needle lying on the floorboard.

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:

• Driving While Ability Impaired – N.Y. VTL § 1192(1)
• 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)
• Driving While Intoxicated – N.Y. VTL § 1192(3)
• Driving While Ability Impaired by Drugs – N.Y. VTL § 1192(4)
• Aggravated Vehicular Assault – N.Y. Penal Law § 120.04-a
• Vehicular Assault in the First Degree – N.Y. Penal Law § 120.04
• Vehicular Assault in the Second Degree – N.Y. Penal Law § 120.03

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:

• You were not "operating" the vehicle;
• You did not engage in erratic driving;
• Problems with how the blood test was administered;
• Problems with how your blood sample was stored or processed; and
• A lack of probable cause to pull you over or to demand you submit to a blood test.

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.

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.

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.