Driving While Impaired by Drugs (DWAI-D)…
deals with operating a motor vehicle while impaired by drugs. While DWAI Alcohol is a traffic infraction, DWAI Drugs is a crime. While this offense involves the consumption of a drug instead of alcohol, the legal standard for DWAI Drugs mirrors that of DWAI Alcohol. Specifically, a person is guilty of DWAI Drugs when the driver has consumed certain drugs to the extent that he has actually impaired, to any extent, the physical and mental abilities which a driver is expected to possess in order to operate a vehicle as a reasonable and prudent driver. The prohibited drugs include both illegal and legal (prescription) drugs; however, it must be a drug listed in the Public Health Law as a controlled substance, and not every drug is prohibited. Therefore, it is necessary to have an attorney well versed in these relevant laws.
While it is common for a first-time offender charged with DWI to receive an offer to plead guilty to the lesser charge of DWAI, it is important to note that this is certainly not a sure thing. Many prosecutors will not freely offer to make such an offer if there is some aggravating factor in the case. For example, if the person has a Blood Alcohol Content (B.A.C.) over a certain level (e.g., .15%), refused a lawful request to take a blood or breath test, gave the police a hard time, or was involved in an accident, you will often find a prosecutor who wants the defendant to plead guilty to misdemeanor charge of D.W.I.
If you are facing D.W.A.I.-Drug charges, you should know that there are several statutes which can call for the suspension of your driver’s license before you have been convicted of anything. For example, if you have certain prior convictions, the Judge may suspend your license.
Suspension pending prosecution generally takes place at the driver’s first court appearance, known as the arraignment. The presumption of innocence does nothing to help such a defendant, and such suspension can go on for as long as the case is pending or even beyond. Depending on the facts of your case, there may be ways to avoid this penalty, so if you are able, it is important to consult an experienced DWI attorney before you go to court.
With regards to this criminal offense, a first-time conviction for this crime will lead to the following potential penalties:
- ∙ Up to 1 year in jail;
- ∙ A period of probation for up to 3 years;
- ∙ A fine of between $500 and $1,000, a surcharge of $395, and a driver responsibility assessment of $250 per year for 3 years;
- ∙ Revocation of your driver’s license for at least 6 months;
- ∙ Possible revocation of your registration for at least 6 months; and
- ∙ Attendance at the Victim Impact Panel.
Depending on your prior record, you may be eligible for the Drinking Driver Program and a conditional license. It is also important to note that the period of revocation listed above is the minimum period, and based upon the driver’s prior record, might actually be much longer.
As the potential penalties increase, so does the need to retain the most qualified attorney possible. It is not unusual for the choice of attorneys to be the difference between a conviction and an acquittal, a criminal conviction and a conviction for a traffic infraction, or even the difference between a jail sentence and a sentence of probation.
