While the penalties of a Queens DWAI ( driving while ability impaired ) are established, what specifically constitutes a driving while ability impaired offense can sometimes be difficult to ascertain.
You can be charged with driving while ability impaired by drugs by having nearly any amount of a drug in your system. It doesn’t matter how small the amount, if marijuana or other illegal or prescription drugs are in your blood or urine when you were driving, you can be charged with DWAI-drugs. You can be charged with DWAI for alcohol if your blood alcohol content (BAC) is between below 0.08 percent.
Queens DWAI – Drugs
There are several things police officers will use to determine if you are driving while ability impaired by drugs including your driving behavior, how you act, if your pupils are dilated, and may try to have you admit you have used drugs, especially if they smell the odor of a smoked substance like marijuana. Possession charges can be added to a DWAI-drugs charge if they are found in your vehicle.
A DWAI with drugs offense is a misdemeanor that carries harsh penalties. In fact, a first time Driving While Ability Impaired by Drugs offense carries the same penalties and fines as a first-time DUI offense, including:
- Up to a $1,000 fine
- Six month license suspension
- Up to one year incarceration
However, a second DWAI with drug offense within 10 years become a felony offense that carries harsher penalties including,
- Up to a $5,000 fine
- One year license revocation
- Up to 4 years of incarceration
Queens DWAI – Alcohol
If law enforcement officials believe that your ability to drive is impaired by alcohol you can be charged with DWAI. Police officers may use field sobriety tests to check your balance and comprehension, while they are looking for signs of intoxication, such as slurred speech, red/watery eyes, as well as the smell of alcohol on your breath. You can be charged with DWAI based solely on the officer’s observations. You can also be charged with DWAI if you have a blood alcohol concentration (BAC) of .05 to .07 percent.
The penalties and punishments for DWAI are less severe than a DWI in New York, as it is considered an infraction. If convicted of DWAI – alcohol, you will face –
- Up to $500 in fines
- Up to 15 days of incarceration
- License suspension of 90 days
Though a DWAI is considered a traffic infraction, a conviction will be recorded on your driving record, which will undoubtedly cause your auto insurance to significantly increase.
Whether you are facing a DWI, a Queens DWAI, or a DWAI – drugs, the attorneys at Kerben and Associations are here to help you. With more than 34 years of experience, our Queens DWAI and DWAI – drug attorneys will find the weak link in the evidence against you and fight for your rights. Our goal has remained the same since we started: the reduction of charges or dismissal of your case. Kerben & Associates fights for those who stand accused of Queens DWAI and DWAI – drugs. Call 718-575-8433 now, so we can begin your free case evaluation.
