Types Of DWAI Violations In New York

New York State maintains a number of laws addressing the operation of motor vehicles by individuals who are intoxicated with alcohol, experiencing impaired judgment or coordination due to the influence of drugs, or a combination of these factors. While New York residents on the whole are likely to be familiar with the broad outlines of DWI (driving while intoxicated) laws, they may be less attuned to the specific details of the state’s laws addressing DWAI (driving while ability impaired), which may not always impose the same criteria for determining charges. An experienced New York DWAI and DWI attorney may be in a position to help you understand the finer points of New York laws – and to assist you, if necessary, in evaluating how they apply to your circumstances. Call the Law Office of Benjamin Greenwald at (845) 567-4820 to schedule a private consultation.

Importance of Understanding Impaired Driving Laws

Many states had laws against “drunk driving” even before the national limit for blood alcohol content (BAC) was set at 0.08 – in fact, laws against intoxicated driving were so common that many adult drivers in the United States may not realize the 0.08 limit was not signed into law at the federal level until 2000, according to the organization Mothers Against Drunk Driving (MADD), which championed the 2000 legislation. Although lay people sometimes refer to laws against impaired driving collectively as “DUI” (driving under the influence), in more technical contexts there has historically been, and in many cases continues to be, a considerable range of variation from state to state in terms of how “under the influence” is defined and even in whether “influence” is the term used in the state statutes that prohibit various types of chemically impaired vehicle operation. In New York, the main acronyms to keep in mind with respect to laws regarding chemical substances and vehicle operation are “DWI,” for “driving while intoxicated,” and “DWAI,” for “driving while ability impaired,” according to the New York State Division of Criminal Justice Services (DCJS).

While from one point of view these differences can easily seem like mere technicalities – slightly different ways of prohibiting the same types of conduct – to a person charged with a violation of one of these laws the distinction can easily mean the difference between a misdemeanor and a felony, or between classes within each category of criminal charge. In some instances, as well, the same action may be charged differently or not at all depending on the age of the arrested driver, the ages of any passengers, whether anyone was injured in a traffic incident leading to an arrest on suspicion of impaired driving, and more. Criminal defense attorneys often emphasize helping their clients to understand the specific factors represented by the charges filed against them, so that attorney and client can work together more effectively to determine a strategy for the DUI case.

What Are the New York DWAI Offenses?

DCJS lists three DWAI offenses under their more general “DWI” heading, which for the Division of Criminal Justice Services covers all violations related to New York’s laws concerning chemically-affected driving. These three are:

  1. Driving while ability impaired by consumption of alcohol
  2. Driving while ability impaired by drugs
  3. Driving while ability impaired by “the combined influence” of multiple drugs, or of alcohol with any drug

Applications of the second and third of these laws both depend partly on the legal definition of “drug” under Vehicle and Traffic Section 114-A.

DWAI in New York

The information provided by DCJS is designed precisely to help New York residents quickly and easily understand the basic requirements of the law (i.e., what conduct is prohibited) and the potential impacts of a conviction for violating any of the state’s laws regarding impaired or intoxicated driving. As a result, the Division’s overview paints a somewhat simplified picture of the statutes on which it is based – in part by consolidating all of the DWI and DWAI offenses into a single explanation based on the obviously related nature of the activities prohibited.

When DWAI is separated from DWI, there remain four paragraphs in Section 1192 of the Vehicle and Traffic Law that deal with “while ability impaired” charges. One of these, paragraph 12(a), is further subdivided into two possible scenarios under which a charge may be filed.

1. Vehicle and Traffic Law § 1192(1) – Driving While Ability Impaired

Perhaps the simplest of all the New York DWAI laws, § 1192[1] prohibits any and all driving by any person whose ability is “impaired” by the consumption of alcohol. Note that this statute does not specify a minimum BAC “threshold” and is instead based on evidence of functional impairment. A separate charge, under § 1192[2], applies a charge of DWI (driving while intoxicated) to adults over the age of 21 only when the driver’s BAC, as determined by a chemical test, exceeds 0.08. These otherwise similar charges can carry distinct penalties in the event of a conviction, so it may be important for you, or your attorney if you are working with professional legal representation, to evaluate the validity of the chemical test used to determine a DWI vs. DWAI charge.

2. Vehicle and Traffic Law § 1192(4) – Driving While Ability Impaired by Drugs

Section 1192[4] of New York State’s Vehicle and Traffic Law applies a prohibition substantially similar to that listed under Section 1192[1] to driving while one’s ability is impaired by the use of drugs. This is the statute that corresponds to the third of the DWAI offenses listed by the DCJS, and references the definition of “drugs” provided by Section 114(a).

3. Vehicle and Traffic Law § 1192(4)(a) – Driving While Ability Impaired by Combined Influence

The second of the prohibitions in New York’s Vehicle and Traffic Law dependent on the state’s definition of “drug” comes in Section 1192(4)(a), which covers the possibility of driver impairment resulting not from an excess of any single substance but from the combined effects of two or more substances – “the combined influence of drugs or alcohol and any drug or drugs.” This prohibition can be especially tricky for individuals who are taking their legally prescribed medications without realizing their potential for interaction, either with each other (i.e., creating an unexpected cumulative effect of impairment that neither drug typically causes on its own) or with alcohol (a common mistake, especially among individuals who rarely drink and are therefore taken by surprise when a small amount of alcohol has a greater-than-usual effect, owing to the medication in their systems). At the Law Office of Benjamin Greenwald, we are prepared to vigorously defend individuals who are stunned by the outcomes of their truly innocent mistakes.

4. Vehicle and Traffic Law § 1192(12) – Driving While Intoxicated or While Ability Impaired by Drugs – Serious Physical Injury or Death or Child in the Vehicle

The DCJS lists Section 1192(12) as a DWI law, likely because in most cases DWI is considered a more severe offense than DWAI, but this statute actually covers both possibilities; in other words, a chemical test registering a BAC of 0.08 or greater is not required for an individual to be charged with a violation of 1192(12). Instead, this charge may apply when a driver is suspected of driving while either intoxicated or “while ability impaired” by drugs or a combination of alcohol and drugs (criteria which exclude charges under VAT § 1192[1]) if either of the following is true:

  • Someone other than the driver is killed, or sustains serious physical injury, in an incident leading to the driver’s arrest on suspicion of either DWI or DWAI (or to charging without arrest)
  • The law enforcement officer responsible for the arrest or allegation documents the presence of a child aged 15 years or younger in the vehicle at the time of the incident leading to the driver’s arrest (or, again, to charging without an arrest)

“Serious” injury is defined, for the purposes of determining whether prosecutors will file charges under Section 1192(12)(a), under Section 10.00 of New York’s Penal Law. The specific requirements for documentation (accompanied by commensurate guidance for sentencing in the event of a conviction) regarding the presence of a child under 15 in the vehicle, on the other hand are part of Leandra’s Law, passed in 2009 to address the specific risks impaired driving poses to children, who often have little to no choice in whether they will be in a vehicle or not.

Speak With an Experienced New York DWAI Lawyer

If you have been charged with DWI or DWAI in New York, you are facing serious allegations. A conviction could easily alter the course of your life, so it is important for you to take these charges seriously. Consider scheduling a consultation with an experienced New York DWAI lawyer who is prepared to investigate all of the evidence against you and develop a strong defense. Call the Law Office of Benjamin Greenwald at (845) 567-4820 today to set up a time.