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Driving While Ability Impaired (DWAI)

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About Driving While Ability Impaired (DWAI)

What Is DWAI - Driving While Ability Impaired in Albany New York

DWAI stands for Driving While Ability Impaired.

In New York, certain drug and alcohol-related charges have varying levels of fines attached. “DWAI” is a catchall phrase that refers to numerous charges. You may be fined, jailed for 15 days, or lose your driver’s license for 90 days if you are convicted of a DWAI offense. It is critical to consult with a DWI attorney as soon as possible if you have been charged with a DWAI or DUI offense.

There are several different types of evidence that can be used against you in a DWAI charge:

Evidence of Impairment: If there are any witnesses that saw you driving while impaired, for instance, can work against you in a DWAI case.

If your Breathalyzer test results show a Blood Alcohol Content (BAC) level of .05% or higher, but lower than .08%, you can be charged with Driving While Ability Impaired (DWAI).

Many people don’t realize that a DWAI is just as severe as a DWI. In fact, some insurance companies handle both charges in the same way.

 

In New York state, there are three different kinds of DWAIs. These are Driving While Ability Impaired by Alcohol, Driving While Ability Impaired by a Single Drug Other Than Alcohol, and Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol. As outlined by the New York Department of Motor Vehicles, a driver qualifies for a DWAI/Alcohol if they have more than a .05 BAC but less than a .07 BAC, or other evidence of impairment. The repercussions for the first DWAI a driver receives are:

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The Penalties for DWI & DWAI in Albany

  • DWAI/Alcohol
    • Mandatory Fine: $300 – $500
    • Maximum Jail Term: 15 Days
    • Mandatory Driver’s License Action: Suspended for 90 days.
  • DWAI/ Drug (illegal or prescription)
    • Mandatory Fine: $500 – $1,000
    • Maximum Jail Term: 1 Year
    • Mandatory Driver’s License Action: Suspended for at least six months
  • DWAI/Combination
    • Mandatory Fine: $500 – $1,000
    • Maximum Jail Term: 1 Year
    • Mandatory Driver’s License Action: Suspended for at least six months

Repeated DWAIs can result in more serious repercussions. For example, if you receive three DWAIs in ten years, you could be looking at $10,000 in fines and 7 years in prison. Click here for more information from the New York State Department of Motor Vehicles on DWAIs.

Why a DWI Lawyer Should Be Hired if charged with DWAI

An experienced DWI lawyer can explain that a DWAI charge can be from the use of drugs (illegal or prescription), or a combination of both drugs and alcohol. A DWAI is considered a violation, not a misdemeanor or felony. However, with a DWAI, the penalties are harsher for this violation, as opposed to a traffic violation. In addition to fines, if you are convicted of a DWAI you can have your license suspended for 90 days.

A DWAI conviction can stay on your DMV record for 10 years. It can also show up on your criminal record. This might make it hard to get a job in the future because many employers will see this as a problem.

If you have a record with any alcohol-related offenses, it can make it difficult to get a job in the future. If you have been charged with DWAI, it is important to talk to a lawyer who knows how to deal with these cases. Because DWAI is not a very serious charge, most district attorneys will not let you plead it down.

If you are faced with a DWI charge, it is important to get legal help. This means that you have a lot to gain by getting the services of a skilled DWI lawyer, and nothing to lose.

DWI Lawyer Albany will make sure your rights are protected during the legal process. We can also provide you with a free consultation. If you have been charged with a DWAI, Aggravated DWI or even a Felony DWI, we want to help you obtain the best result possible. We have offices serving Albany, NY (The New York Capital Region).

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There are different types of DWAI offenses. The charge you get depends on how drunk you were at the time of your arrest. For example, if you were driving under the influence of drugs, you would get a DWAI-drugs charge. If you were driving under the influence of alcohol, you would get a DWAI-alcohol charge.

In New York, a DWAI charge is usually less severe than a DWI charge. This is because the blood alcohol content required for a DWAI charge is lower. A conviction for a DWAI charge typically involves penalties such as a fine of up to $1000, jail for up to one year, three years of probation, and an automatic revocation of your driver’s license for six months at a minimum.

Furthermore, New York law allows for DWAI penalties to increase each time you get a subsequent charge. If you get enough DWAI charges, your charge may result in a felony rather than a misdemeanor.

WHAT TO DO IF YOU RECEIVE A DWAI Please call us today at 518-608-2499

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Have you or a loved one involved in a DWI? Not sure where to turn next? The Team at DWI Lawyer Albany is equipped to make sure you have the best representation in and out of the courtroom. We will work around the clock  to get the fair outcome you deserve. Call our office in Albany, NY today at 518-608-2499 or contact us here.

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Call us at 518-608-2499 or fill out the contact form above to receive a free consultation. We are 24 x 7 and you can speak with us right now! 

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we will ask and review detailed questions, including discrete information such as health history and the specifics of your case.  We will collect data from you and the government to fully examine options.

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achieving your goals

We will carefully review and work with you every step of the way  on your DWI, DWAI, and DUI case.   

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DWI Lawyer Albany is a law firm that helps people who are charged with DWI, DUI, and DWAI in the State of New York. Our office is located in Albany, NY and we focus solely on defending those charged with DWI. This makes us focused on helping people who are troubled by DWI and DUI charges.

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