Driving under the influence is a very serious crime in the state of New York. Those who drive under the influence of alcohol can be charged with Driving While Intoxicated (DWI). Individuals who drive under the influence of drugs can be charged with Driving While Ability Impaired by Drugs (DWAI-Drug). If an individual is believed to be under the influence, a law enforcement officer may conduct a field sobriety test. In the event that a driver fails the test, they can be brought to the police station for a blood test to determine if they have been using drugs. Drivers under the influence of drugs may be facing a misdemeanor charge. The consequences of a DWAI-Drug charge are similar to that of a regular DWI offense. Law enforcement officers and courts in New York are aggressive in penalizing these offenders. DWAI-Drug offenses may come with a range of consequences, from fines to possible jail time. It is important to seek an experienced attorney if you received a DWAI-Drug charge.
First Offense
Like those who receive a first DWI offense, first DWAI-Drug offenders may face a range of penalties for committing the misdemeanor. This may include:
- Fines between $500-$1000
- The possibility of jail time up to 1 year
- State surcharges and assessment fines
- A suspended license for a minimum of 6 months
First-time offenders may be eligible for a conditional driver’s license if they participate and pass the Drinking Driver Program (DDP).
Second Offense
If an individual is charged with their second DWAI-Drug charge within 10 years of the first one, their penalties may increase. A second DWAI-Drug offense is considered a Class E felony in the state of New York. If an individual is convicted, they may face the following consequences:
- Fines from $1000-$5000
- The possibility of jail time up to 4 years
- State surcharges and assessment fines
- A revoked license for at least 1 year
Similar to the first time, a second-time offender may be required to participate in the Drinking Driver Program.
Third Offense
If a third-time DWAI-Drug offender receives their charge within 10 years, penalties can worsen. This charge is considered a Class D felony. The consequences of this may include:
- Fines from $2000-10,000
- The possibility of jail time up to 7 years
- State surcharges and assessment fines
- A revoked license for a minimum of 1 year
Contact our Firm
If you or someone you know was charged with a DWAI-Drug offense and wish to speak with an attorney, contact KCS Law to schedule a consultation and we would be happy to assist you.
