New York DWAI - Driving While Ability Impaired by Drugs

Driving While Ability Impaired by Drugs (“DWAI-Drugs”) and Driving While Ability Impaired by the Combined Influence of Alcohol and Drugs (“DWAI-A/D”).

A person can be convicted of a DWAI-Drugs if that person is found to have been driving while his or her ability to do so is “impaired” as a matter of law by a drug, whether the drug is technically legal or illegal to possess or ingest, and whether prescribed or not.  However, the particular impairing “drug” must be listed as a “controlled substance” under the New York State Public Health Law.  As a result, though some motorists may have been impaired by what they consider to be a “drug” at the time of driving, impairment by some “drugs” may not establish a violation of the law for purposes of DWAI-Drugs.

In addition to DWAI-Drugs, a new law has passed making it illegal for a person to operate a motor vehicle while “impaired” by either more than one “drug” or by the combined influence of alcohol and any drug or drugs.  This new law is entitled “Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and any Drug or Drugs” (DWAI-A/D”). 

Interestingly, though DWAI-Drugs is targeted specifically at those drugs listed under the Public Health Law as “controlled substances,” DWAI-A/D makes no such distinction.  This drafting choice (or mistake?) on the part of the Legislature leaves open many new questions to which the attorneys of Anelli Xavier, PC are interested in actively seeking answers.

Due to “per se” laws, the DMV generally does not have jurisdiction to take a separate action against a motorist's driving privileges when he or she is accused of DWAI-Drugs or DWAI-A/D with a BAC of less than .08%. “Per se” laws make it illegal for someone to operate a vehicle while possessing a BAC above the limit of .08%, and, therefore, they serve as a basis to suspend a person’s driving privileges at arraignment.  However, there are no “per se” laws where drugs alone are involved.  Therefore, under many circumstances, and without an accompanying BAC test, a DWAI-Drugs or DWAI-A/D motorist’s license should not be suspended at arraignment. 

Many local court judges are unaware of this distinction in the law, and for this reason, many motorists not represented by an attorney, or represented by an attorney without competent familiarity with the intricate DWI laws, will lose their licenses unjustifiably.  Under some limited circumstances, however, it is still possible for a motorist accused of DWAI-Drugs and DWAI-A/D to have his or her license taken away in criminal court. 

For all of these reasons, you need an attorney familiar enough with the DWI, DWAI, DWAI-Drugs, and DWAI-A/D laws of New York State to prevent your license from being taken illegally, or, alternatively, to make sure that, if the court threatens to take away your license, the proper procedures and laws are followed so that, again, your license is not taken in violation of your rights.

You also should have an attorney familiar enough with the law of DWAI-Drugs and the new law of DWAI-A/D, with the methods of measuring impairment, and with the sciences of measuring drugs and alcohol in a person’s body, to be able to fully and intelligently defend you, and help you make the best decisions for your particular case and situation. 

Contact us right away for a FREE consultation on the phone or in person.

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