Just as New York law punishes drivers for driving while intoxicated (DWI) by prohibiting a blood alcohol level in excess of .08 percent, the state also provides penalties for impaired driving. A motorist will be considered to have been impaired by alcohol consumption if a chemical test reveals a blood alcohol content of between .07 and .08 percent. A blood alcohol content of between .05 and .07 percent will be considered as relevant evidence, but not presumptive proof of impairment by alcohol.
What If I Am Charged With Driving While Ability Impaired By Drugs?
It is important to know that the state does not need a chemical test to prosecute a driver for driving while ability impaired by alcohol. The state can also prosecute a driver for driving while ability impaired by drugs, or DWAI-Drugs. In a DWAI-Drugs case, the state only needs to prove that the driver had been using drugs and that the consumption “impaired” the driver’s ability to operate the vehicle. To discuss your legal options with an experienced defense attorney, contact a White Plains defense attorney for DWAI-Drugs at Greenspan & Greenspan in White Plains or New City.
Two Types Of ‘Ability Impaired’ Laws With Very Different Consequences
DWAI-Alcohol is not as severe an offense as DWI. Basic DWAI (unless it is a third offense within 10 years) is a traffic infraction, not a crime, and it can represent a good plea alternative for someone charged with drunk driving. DWAI-Drugs, however, is a misdemeanor crime punished the same as DWI.
Repeat DWAI-Alcohol offenders need to consider that DWAI conviction as a third offense — that is, with any combination of two prior DWAI or DWI convictions within the preceding 10 years — is a crime and not a mere infraction.
People charged with first-time DWAI-Drugs, however, face the same penalties as someone convicted of a first-offense DWI, including a six-month driver’s license revocation. The possibility of jail time and fines is just the same as well. Another similarity is the effect of a prior conviction on a later charge: a second DWAI-Drugs arrest within 10 years can be charged and punished as a felony.
Call 845-617-5404 For A Free Case Evaluation: Westchester County Driving While Ability Impaired Lawyers
With offices on both sides of the Hudson, our law firm advises people in Westchester and Rockland counties about the pros and cons of a guilty plea to a DWAI charge, including DWAI-Drugs. While the decision to fight the case belongs to the client, our recommendation will be based on the evidence, any prior record, any related current drug charge and the client’s personal circumstances.
At Greenspan & Greenspan, we work closely with each client to make sure that the defense strategy we recommend covers the facts of the case and reflects each person’s individual needs. To learn more about our approach to client service in DWAI defense, contact us in White Plains or New City for a free consultation.