DWAI-Drug Attorney in Nassau County

Driving while impaired by drugs is a serious criminal offense in New York. This charge, formally known as Driving While Ability Impaired by Drugs (DWAI-Drug), can carry significant criminal and administrative penalties that impact your livelihood and leave a lasting criminal record. Though these are different from alcohol-based DWI charges, they still carry significant consequences. If you are facing charges, working with an experienced criminal defense attorney is in your best interest. Contact an attorney from KCS Law for the experience needed to fight charges of a DWAI-Drug offense.

DWAI-Drug offense explained

Under New York Vehicle and Traffic Law 1192(4), a driver can be charged with DWAI-Drug if law enforcement believes they have operated a motor vehicle while impaired or under the influence of a controlled substance, prescription medication, or any other drug. Unlike alcohol-DWIs which have a set legal limit for BAC, there is no per-se numerical number to act as the legal limit for substances. Instead, officers must rely on observations, field sobriety testing, and potential chemical testing.

First offense DWAI-Drug consequences explained

A first DWAI-Drug offense in New York is considered an unclassified misdemeanor. If convicted, you are facing:

Fines ranging from $500- $1,000
Possible jail time of up to 364 days
A suspended license for a minimum of 6 months
State surcharges and assessment fines

In addition, someone convicted of this offense might be eligible for a conditional license or a conditional driving privilege if they participate in the Impaired Driver Program (IDP), subject to court approval. This program comes with its own fees and assessments.

Second offense DWAI-Drug consequences explained

Similar to a second DWI offense, those charged with their second DWAI-Drug offense within 10 years face escalating penalties. In New York State, a second DWAI-Drug offense is a Class E felony and if convicted, comes with consequences including:

Fines ranging from $1,000-$5,000
Possible jail time up to 4 years
A revoked license for at least 1 year
State surcharges and assessment fines

In addition, the court may mandate participation in the Impaired Driver Program (IDP), which comes with its own fees and assessments.

Third offense DWAI-Drug consequences explained

Similar to a third DWI/DUI offense, those charged with their second DWAI-Drug offense within 10 years face severe penalties for their crime. In New York State, a third DWAI-Drug offense is a Class D felony and, if convicted, comes with penalties including:

Fines ranging from $2,000-$10,000
Possible jail time up to 7 years
A revoked license for at least 1 year
State surcharges and assessment fines

A third offense is a serious crime. Judges and courts will be aggressive towards the violation. It is in your best interest to contact KCS Law for your legal needs.

DWAI- Combination explained

Similar to other first, second, and third offenses, driving while impaired by a combination of alcohol and drugs is a serious offense. A first offense is a misdemeanor with penalties that mirror a first offense DWI conviction. Penalties may increase with subsequent convictions, but will not automatically result in a felony offense. The courts will examine cases based on the specific facts and prior driving history.

Contact a DWAI-Drug Attorney in Nassau County, NY

KCS Law has years of experience with DWAI-Drug charges and the persistence and diligence to guide clients towards the best possible conclusion to their matter. Many avenues of defense could alleviate the burden of a conviction or result in a more favorable resolution when possible. Call KCS Law for a consultation.