New York Snowmobiling While Ability Impaired by the Use of a Drug

All impaired or intoxicated motor vehicle drivers should be aware of New York’s tough laws for impaired driving. Whether you operate a car, boat, motorcycle, or other motor vehicle, you can be charged if you drive while impaired or intoxicated. Snowmobile operators are included under state DWI and DWAI laws. Snowmobiling While Ability Impaired, or SWAI, is a serious charge that can result in harsh penalties.  An impaired snowmobile operator will face harsh penalties when charged, and may also have to deal with future consequences if convicted. To learn more about these charges, read below.  If you have been charged with SWAI or a related offense, call the experienced DWI lawyers at Nave DWI Defense Attorneys today for a free case evaluation.

What is SWAI?

Snowmobiling While Ability Impaired is a charge brought against snowmobilers impaired by alcohol or drugs. The SWAI charge applies to those impaired by alcohol, while a separate charge of SWAI: Drugs applies to snowmobilers impaired by other drugs. Legally, impairment by alcohol for an SWAI is defined as operating a snowmobile with a blood alcohol content level between 0.05% and 0.07%. This charge is separate from an SWI, or snowmobile while intoxicated, which applies to operators with a BAC of at least 0.08%. A driver convicted of SWAI will face penalties including a maximum fine of $350, up to 15 days in jail, and/or a suspension of snowmobiling privileges for 6 months.

SWAI: Drugs

A related impairment charge is SWAI: Drugs. Any driver operating a snowmobile while impaired by the use of a drug (other than alcohol) can face this charge. For the purposes of SWAI: Drugs, it does not matter whether the impairing drug was legal or illegal. Even if a prescription drug impairs the driver, he or she can be charged if operating a snowmobile while impaired by the prescribed medication.

Like other impairment or intoxication driving charges, evidence is needed to convict a snowmobiler of SWAI: Drugs. Evidence of impairment can be police observation of the driver; obvious signs of the driver’s impairment; impairing drugs found during the arrest; and many other forms of evidence. A conviction for SWAI: Drugs is a misdemeanor conviction resulting in a permanent criminal record for the operator. Penalties upon conviction for an SWAI: Drugs charge are more severe than for an SWAI. A driver facing SWAI: Drugs will face the following consequences:

  • A maximum fine of $500;
  • Up to 90 days in jail; and
  • 12-month suspension of snowmobiling privileges.

If you or someone you know has been charged with SWAI: Drugs, call the highly trained DWI attorneys at Nave DWI Defense Attorneys. At Nave DWI Defense Attorneys, our lawyers only represent those charged with DWI or related offenses, such as SWAI. This unique focus allows us to gain experience in this specific legal area that directly benefits each of our clients. Our attorneys have spent years defending clients against alcohol and drug-related driving charges. That experience, along with our extensive knowledge of complicated New York State laws, allows us to do our best for each client. Do not hesitate to call Nave DWI Defense Attorneys for a free case evaluation. Contact us today.

DISCLAIMER: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem.  Corporate offices for Nave DWI Defense Attorneys are located at 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: 1-866-792-7800.  Prior results do not guarantee a similar outcome.  Attorney Advertising.