Is DWAI a Misdemeanor in NY?
Driving while ability impaired (DWAI) is a serious charge in New York, but is it a misdemeanor or a felony? The answer to this question is not as straightforward as it may seem. In this article, we will delve into the details of DWAI charges in New York, explore the differences between a misdemeanor and a felony, and provide guidance on what you can expect if you are facing a DWAI charge.
What is DWAI?
DWAI is a criminal charge brought against a person who is alleged to have operated a motor vehicle while their ability to do so was impaired by the consumption of alcohol, drugs, or a combination of both. The specific charges and penalties for DWAI vary depending on the state and the circumstances surrounding the arrest.
Is DWAI a Misdemeanor in NY?
In New York, DWAI is considered a misdemeanor charge. The penalty for a first-time DWAI conviction in NY is typically a fine and/or up to 15 days in jail.
| Charge | Penalty |
|---|---|
| First-time DWAI | Fine and/or 15 days in jail |
| Second-time DWAI | Fine and/or up to 30 days in jail |
| Third-time DWAI | Fine and/or up to 30 days in jail |
What are the Elements of a DWAI Charge in NY?
To prove a DWAI charge in New York, the prosecution must establish the following elements:
• The defendant drove or operated a motor vehicle
• The defendant’s ability to do so was impaired by the consumption of alcohol, drugs, or a combination of both
• The impairment was a result of alcohol, drugs, or a combination of both
The prosecution must also prove that the defendant’s ability to operate the vehicle was impaired, not just that the defendant consumed alcohol or drugs.
What are the Penalties for a DWAI Conviction in NY?
The penalties for a DWAI conviction in New York vary depending on the circumstances of the charge and the defendant’s prior record. For a first-time DWAI conviction, the penalty is typically a fine and/or up to 15 days in jail. For a second-time DWAI conviction, the penalty is increased to a fine and/or up to 30 days in jail. For a third-time DWAI conviction, the penalty is further increased to a fine and/or up to 30 days in jail.
In addition to these penalties, a DWAI conviction will also result in a fine of $500 to $1,000 and/or community service. The convicted individual may also be required to install an ignition interlock device (IID) in their vehicle for up to 6 months.
What are the Potential Defenses to a DWAI Charge in NY?
There are several potential defenses to a DWAI charge in New York. Some of the most common defenses include:
• The defendant was not driving
• The defendant was not impaired
• The police did not follow proper procedure
• The defendant was incorrectly diagnosed as impaired
An experienced DWAI defense attorney can help you determine which defenses may be applicable in your case and develop a strategy for presenting your defenses in court.
What Happens if You Are Arrested for DWAI in NY?
If you are arrested for DWAI in New York, the following steps will occur:
- Initial Booking: You will be taken to a police station where you will be booked and processed.
- Arraignment: You will be brought before a judge, where you will be informed of the charges against you and required to enter a plea.
- Bail: You may be eligible for bail, which is a sum of money or property that you must post in order to be released from custody.
- Pre-Trial Diversion: You may be eligible for a pre-trial diversion program, which is a program that allows you to avoid a criminal conviction in exchange for completing certain requirements.
- Trial: If the charges against you are not resolved through a pre-trial diversion program, your case will go to trial. At trial, you will have the opportunity to present your defenses and testify in your own behalf.
- Sentencing: If you are found guilty of DWAI, you will be sentenced by the judge. The judge will consider the circumstances of your case, your criminal history, and any defenses that you presented at trial when determining your sentence.
Conclusion
In conclusion, DWAI is a misdemeanor charge in New York, punishable by a fine and/or up to 15 days in jail. The prosecution must establish several elements in order to prove a DWAI charge, including that the defendant drove or operated a motor vehicle, that their ability to do so was impaired by the consumption of alcohol, drugs, or a combination of both, and that the impairment was a result of alcohol, drugs, or a combination of both. If you are facing a DWAI charge, it is important to hire an experienced DWAI defense attorney who can help you navigate the legal process and develop a strategy for defending against the charges.
