DWAI Drugs in New York State
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About DWAI Drugs
New York State has a specific DUI-type offense called DWAI Drugs, short for Driving While Ability Impaired by Drugs. In most of these cases we believe the defendant should fight the charges. Unlike DWI cases, the driver is not suspended while the case is pending so the process is easier on our clients. It is also more difficult for the prosecution to prove guilt because they have to prove that drugs impaired the driver. With an alcohol DWI, they only have to prove a specific blood-alcohol level.
DWAI Drugs Penalties
A DWAI Drugs conviction is criminal – a misdemeanor. Fines and expenses will likely exceed $1000 and even approach $2000. A first offense will also lead to license revocation. Another big impact is potential increase in insurance rates. Finally, a DWI Drugs misdemeanor stays on your driving record for at least 10 years, and will also generally show up on a criminal history check for the rest of your life. If your work involves driving, you might lose your job or not get a job because of a conviction. We’ve seen it happen. You can even be denied admission to other countries because of a DWAI.
Plea Bargaining in DWAI Drugs Cases
In many cases the prosecution will offer a reduction to an alcohol DWAI, a violation (not a crime). The consequences are still very severe and an alcohol DWAI will stay on your NY driving record for 10 years or more.
We handle DWAI Drugs cases, and other DWI/DWAI cases, in all courts in the Albany Schenectady Troy Saratoga area. Call us at 888-733-5299.
The call is toll-free and there is no charge for the initial phone consultation.