Driving While Ability Impaired by Alcohol & Marijuana: NY Vehicle and Traffic Law

Driving While Ability Impaired by Alcohol & Marijuana: New York Vehicle and Traffic Law

New York Vehicle and Traffic Law § 1192.1, Driving While Ability Impaired (“DWAI”),  is recognized as the least severe alcohol-related offense within the state’s DWI statutes. A DWAI conviction is classified as a traffic violation, not a crime. Nevertheless, it carries serious legal and personal consequences, which may include monetary fines, potential suspension of driving privileges, possible incarceration, and increased auto insurance premiums.

While DWAI under Vehicle and Traffic Law § 1192.1 specifically relates to alcohol impairment, New York law also recognizes offenses involving marijuana and other related drugs, which can carry significantly more serious consequences.

What Is DWAI?

Under § 1192.1, DWAI occurs when a person’s ability to drive has been impaired by the consumption of alcohol. To be convicted of DWAI, the prosecution must prove:

1. Operation of a motor vehicle; and
2. Operation impairment due to alcohol consumption

Unlike a DWI, which typically involves a blood alcohol concentration (BAC) of 0.08% or higher, the prosecution does not need to present chemical evidence to sustain a DWAI conviction.  

DWAI Involving Marijuana and Drugs

New York law also provides charges when a driver’s ability is affected by marijuana, prescription medications, or other drugs.  The offenses are addressed under related provisions of the Vehicle and Traffic Law, including:

• VTL § 1192(4) – Driving While Ability Impaired by Drugs
• VTL § 1192(4-a) – Driving While Ability Impaired by a Combination of Drugs and Alcohol

Unlike an alcohol-related DWAI charge, which is a traffic violation, drug-related impaired driving charges are generally classified as misdemeanors, making them criminal offenses with more severe penalties.

In these cases, law enforcement may rely on officer observations, field sobriety tests, drug recognition experts (“DRE”), and chemical testing.

Hypothetical Scenario

Suppose you are pulled over for any of the following reasons: speeding, illegal left turn, or failure to obey a traffic control device. The officer, upon requesting license and registration, claims to smell alcohol emanating from your car and the appearance of glassy and/or red eyes. The officer instructs you to exit the vehicle and proceeds to conduct a field sobriety test. The officer arrests you for suspected driving while ability impaired, and transports you to the precinct where you submit to a Breathalyzer, resulting in a BAC of .07.  The District Attorney’s Office charges you with Driving While Ability Impaired under VTL §1192.1 as a result.

Defenses

Being charged with DWAI does not automatically result in a conviction. Several factors may exist to challenge a conviction, including the sufficiency of evidence supporting the alleged impairment, potential procedural deficiencies during the arrest, and the accuracy of the chemical test results.

LEGAL REPRESENTATION

Given the serious consequences of a DWAI conviction, it is imperative to seek legal counsel to advocate for your rights and interests. The attorneys at Mahon Rider McKay offer strategic and dedicated representation aimed at achieving the most favorable outcome on your behalf.