Driving While Ability Impaired (DWAI) - VTL §1192.1
A person is guilty of DWAI if he/she operates a motor vehicle while his/her ability to do so is impaired to any extent by the consumption of alcohol.
First Offense
If convicted of DWAI as a first offense, you are guilty of a traffic infraction, not a crime. You face the following potential consequences:
- Fine of between $300 and $500;
- Up to 15 days in jail;
- Suspension of license for 90 days;
- A driver responsibility assessment of $250 a year for 3 years (DMV charge);
- A surcharge of $255 (court fee);
- A requirement to attend a Victim Impact Panel.
*You may be eligible for a conditional license depending upon the circumstances of your particular case.
Second Offense
If convicted of a DWAI after having been convicted of either: DWAI, DWI, ADWI, DWAI Drugs or DWAI Combined Influence within the previous 5 years, you are guilty of a traffic infraction, not a crime. You face the following potential consequences:
- Fine of between $500 and $750;
- Up to 30 days in jail;
- Revocation of license for at least 6 months
- DMV requirement of evidence of alcohol rehabilitation before relicensing
- Discretionary revocation of your registration for at least 6 months;
- A driver responsibility assessment of $250 a year for 3 years (DMV charge)
- A surcharge of $255 (court fee);
- A requirement to attend a Victim Impact Panel.
Third and Subsequent Offenses
If charged with DWAI after having been convicted of 2 or more violations of DWAI, DWI, ADWI, DWI Drugs or DWAI Combined Influence within the previous 10 years, you may be charged with a misdemeanor DWAI, in which case you face the following potential consequences*:
- Fine of between $750 and $1500;
- Up to 180 days in jail;
- Probation period of 3 years;
- Revocation of license for at least 18 months;
- DMV requirement of evidence of alcohol rehabilitation before relicensing;
- Discretionary revocation of your registration for at least 6 months;
- A surcharge of $395 (court fee);
- A driver responsibility assessment of $250 a year for 3 years (DMV charge);
- A requirement to attend a Victim Impact Panel.
*Depending upon the circumstances of your particular case a prosecutor may elect not to elevate your DWAI charge to a misdemeanor but charge it only as an infraction, however, you will still have your license revoked for at least 18 months because once you have 3 or more VTL §1192 convictions within the last 10 years the DMV automatically imposes a 6 month license revocation per offense.
