Is a DWAI a Misdemeanor in NY?
In the state of New York, a Driving While Ability Impaired (DWAI) charge is considered a traffic infraction, not a misdemeanor. However, the penalties for a DWAI conviction can still be severe and have long-lasting consequences.
What is a DWAI?
A DWAI is a criminal charge in New York that is brought against a person who operates a motor vehicle while impaired by drugs or alcohol. The charge is similar to a Driving While Intoxicated (DWI) charge, but it is applied when the driver’s blood alcohol content (BAC) is between 0.05 and 0.07%, which is lower than the 0.08% threshold for a DWI.
Is a DWAI a Misdemeanor in NY?
No, a DWAI is not a misdemeanor in New York. According to New York Vehicle and Traffic Law Section 1192, a DWAI is considered a traffic infraction, which is a lesser offense than a misdemeanor. A traffic infraction is punishable by a fine, and in some cases, a short period of imprisonment.
Penalties for a DWAI Conviction
Despite being considered a traffic infraction, the penalties for a DWAI conviction can still be significant. The penalties may include:
- Fines: The fine for a first-time DWAI offense is $500. The fine increases to $750 for a second offense and $1,000 for a third or subsequent offense.
- Jail Time: A DWAI conviction can result in a short period of imprisonment, typically up to 30 days.
- License Suspension: The DMV will suspend the driver’s license for a period of 90 days for a first-time DWAI offense. The suspension period increases to 1 year for a second offense and 18 months for a third or subsequent offense.
- Ignition Interlock Device (IID): The court may require the installation of an IID on the driver’s vehicle for a period of 6 months to 1 year.
DWAI vs. DWI: What’s the Difference?
A DWAI charge is similar to a DWI charge, but there are some key differences:
- BAC Level: A DWI charge is brought when the driver’s BAC is 0.08% or higher, while a DWAI charge is brought when the driver’s BAC is between 0.05 and 0.07%.
- Penalties: The penalties for a DWI conviction are typically more severe than those for a DWAI conviction. A DWI conviction can result in a longer period of imprisonment, a longer license suspension, and higher fines.
Defending Against a DWAI Charge
If you have been charged with a DWAI, it is essential to seek the advice of a qualified attorney. A skilled attorney can help you defend against the charges and negotiate a favorable plea agreement or take the case to trial.
Common Defenses
Some common defenses against a DWAI charge include:
- Lack of Probable Cause: The officer may not have had probable cause to stop the vehicle or arrest the driver.
- Invalid Breath Test: The breath test may have been administered improperly or the machine may have been malfunctioning.
- Insufficient Evidence: There may not be enough evidence to prove that the driver was impaired.
- Medical Conditions: The driver may have a medical condition that could have affected their ability to operate a motor vehicle.
Conclusion
In conclusion, a DWAI is not a misdemeanor in New York, but it is still a serious offense that can result in significant penalties. If you have been charged with a DWAI, it is essential to seek the advice of a qualified attorney to help you navigate the legal process and achieve the best possible outcome.
