DWAI Combined Influence
Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and any Drug or Drugs (“DWAI Combined Influence”) is also a crime. The standard for this offense is the same as for DWAI, that is, that the driver merely be impaired, however slight, and such impairment be from a combination of certain prohibited drugs, or from a combination of alcohol and a prohibited drug or drugs.
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.
