Driving while ability impaired (DWAI) is a similar but distinct charge from driving while intoxicated (DWI) in New York. As such, DWAI charges may require different defense strategies and arguments than DWI charges, and each can come with different penalties in the event of conviction.
No matter what the circumstances surrounding your DWAI case may be, you can rely on Westchester County DWAI Lawyer Michael J. Borrelli for a strong, aggressive defense when it’s time to fight the charges. For more than 25 years, Attorney Borrelli has been a fierce advocate for the accused, defending their rights while helping them navigate the criminal justice system. He is ready to do the same for you, putting his experience and knowledge to work helping you obtain the best possible resolution.
Learn more about New York DWAI charges and penalties below. Then, contact Mamaroneck DWAI Attorney Michael J. Borrelli when you need more answers and top-rated defense representation in Westchester County, New York.
What Is the Difference Between DWAI versus DWI Charges in New York?
A motorist’s blood alcohol concentration (BAC) will dictate whether DWAI or DWI charges are filed. Here’s the distinction:
- DWAI charges apply for BACs between 0.05% and 0.08%: When BACs are between 0.07% and 0.08%, there is a presumption of a DWAI. For BACs below 0.07%, there is no presumption of DWAI, according to New York law.
- DWI charges are filed for BACs of 0.08% or more: When BACs are 0.18% or higher, aggravated DWI charges can be filed, increasing the severity of the potential penalties that the accused individual can face.
What Are DWAI-A/D Charges in Westchester County?
When motorists are accused of drug impairment, they can face DWAI-A/D charges. These charges do no only apply to illicit drugs. DWAI-A/D charges can be filed if drivers are impaired by over-the-counter medicine and/or prescription drugs.
Although DWAI-A/D charges carry the same penalties as their alcohol-related counterparts, DWAI-A/D cases may be easier to defend against, especially if:
- No blood samples were provided.
- There were problems with how the blood samples were drawn or transported.
- The lab made mistakes in analyzing the samples.
- Other circumstances apply.
What DWAI Penalties Can I Face If I’m Convicted in Westchester County?
Penalties for DWAI convictions in Westchester County depend on priors and the circumstances of the most recent case. The table below shows the range of potential penalties for first and subsequent DWAI cases in New York.
| DWAI Offense | Charge | Jail | Fines | Administrative Penalties |
| 1st DWAI | Traffic infraction | Up to 15 days | $300 to $500 | 90-day license suspension |
| 1st DWAI-A/D | Misdemeanor | Up to 1 year | $500 to $1,000 | 6-month license suspension |
| 2nd DWAI (within 5 years) | Misdemeanor | Up to 30 days | Up to $750 | 6-month license suspension |
Additional penalties for DWAIs can include (and may not be limited to):
- Additional license suspensions: If the driver refused to submit to a breathalyzer or blood test during the traffic stop, (s)he can have another license suspension to contend with. This is typically a one-year license suspension for a first refusal. That would mean that a first-time DWAI conviction involving a refusal to submit to chemical testing could result in 1-year, 90-day driver’s license suspension.
- Alcohol or drug treatment programs: These court-ordered programs can involve assessments and education courses, all of which must be paid for by the convicted individual. Most often, drivers are ordered to complete the Impaired Driver Program (IDP), formerly known as the Drinking Driver Program (DDP).
As scary as DWAI charges in Westchester County can be, Mamaroneck DWAI Attorney Michael J. Borrelli can help you fight them. He knows how to find weaknesses in prosecutors’ cases while presenting a strong defense. Depending on the charges and details of your case, defense arguments can focus on:
- The lack of probable cause to make the traffic stop
- Officers’ procedural errors or violations of the accused individual’s rights
- Problems with the breathalyzer or blood test evidence or analysis
- Reasonable doubt
You only have one chance to fight DWAI charges, and the outcome of your case can have long-term impacts on your life. Don’t gamble your future. Get the defense you need and deserve by contacting the Law Offices of Michael J. Borrelli.
Get a Strong Defense: Contact Mamaroneck DWAI Lawyer Michael J. Borrelli
If you or a loved one has been charged with DWAI in Westchester County, you want Mamaroneck DWAI Attorney Michael J. Borrelli defending you. The truth is that, while DWAIs can be less serious than DWIs, serious penalties can still apply, and they can have lasting impacts on your life—even after your court case is closed. In fact, a criminal record of a DWAI can limit your education, career, and/or other opportunities. And it could even raise your insurance rates for years.
With Attorney Borrelli in your corner, you’ll benefit from a strong defense and experienced advocacy. And that can make the difference in how your case is resolved.
Call (914) 825-8620 or contact us online for a FREE, confidential DWAI consultation 24/7.
From reinvestigating your case and gathering evidence to counseling you in and outside of court, Attorney Borrelli is ready to help you at every stage of your defense. His diligence and tireless dedication to helping people just like you are why he is a 5-star Westchester County DWAI lawyer. It’s also why you can rely on Attorney Borrelli for first-class, personalized service and the best possible resolutions.
With one call or email, you can discover your best DWAI defense options and take the first step towards setting your case up for a better outcome.