What is a DWAI?

In response to the dangers posed by people driving under the influence of alcohol, drugs, or both, police in New York are constantly on the lookout for drivers whose ability to operate their vehicles seems impaired. Prosecutors, spurred on by constant new reports involving people hurt or even killed by someone driving under the influence, aggressively pursue charges under the Vehicle & Traffic Law (“VTL”) against anyone accused of driving while impaired by alcohol, drugs, or a combination of the two. If you’ve been arrested and charged with DWI, DWAI, DWAI – Drugs, or any form of impaired driving in Suffolk County or Nassau County, protect your rights and contact Long Island DWI Attorney Jason Bassett.

Impaired Driving in New York

In New York (unlike many other states), there is no actual crime entitled “DUI” or “Driving Under the Influence.” DUI is an umbrella term that is used to mean operating a motor vehicle while under the influence of an intoxicating substance. New York uses the terms “DWI” (or “Driving While Intoxicated”) and “DWAI” (“Driving While Ability Impaired”).

DWI vs. DWAI: How Are They Different?

A DWI charge in New York is specifically related to impaired driving as it relates to alcohol. If you drive in New York, you can be charged with DWI if your blood alcohol content (BAC) is at or above .08%

A DWAI charge, on the other hand, can be levied against a driver who has not reached the .08% BAC threshold but who is still considered impaired. DWAI in New York is separated into three categories:

• DWAI (which refers to impairment by Alcohol)
• DWAI – Drugs
• DWAI – Combination of Alcohol & Drugs

You can be charged with DWAI pursuant to VTL 1192.1, an infraction if you are found to be driving with a BAC between .05% and .07%.

A driver is charged with DWAI – Drugs under VTL 1192.4, a misdemeanor, if they are alleged to have been operating a motor vehicle while under the influence of recreational and/or prescription drugs that can cause impairment (these substances are listed in the Public Health Law).

If you are alleged to have been driving under the influence of a combination of alcohol and drugs, you will be charged under VTL 1192.4-a, a misdemeanor.
Defining Legal Impairment

For both DWI and DWAI, for a driver to be proven impaired, the government must prove that the alcohol made the driver substantially incapable of operating their vehicle safely.

For DWAI – Drugs and DWAI – Combination of Alcohol & Drugs, the prosecution only needs to prove that the person’s ability to drive was impaired to any degree.

Penalties for DWAI in New York

For a first offense DWAI, the penalties can be:

• A fine between $300 and $500
• Driver’s License suspension of 90 days
• Jail term up to 15 days

For a first offense DWAI -Drugs, the possible penalties include:

• A fine between $500 and $1000
• Driver’s License suspension of 6 months
• 3 years of Probation
• Jail term up to 1 year

For a first offense DWAI – Combination of Alcohol & Drugs, the potential penalties are:

• A fine between $500 and $1000
• Driver’s License renovation of 6 months
• 3 years of Probation
• Jail term up to 1 year

Subsequent convictions, particularly within five years of a previous conviction, may bring on more severe legal penalties, including longer jail sentences, higher fines, and longer periods of license suspension or revocation.

Aggravating circumstances can also add to the penalties for a DWAI conviction. If personal or property damage takes place while driving ability-impaired, you may also face additional penalties in association with your DWAI charge.

Contact a Long Island DWI Lawyer

Because driving while impaired is such a serious legal matter that can have severe consequences, you need an experienced Long Island DWI attorney if you’ve been charged with DWI or DWAI in Suffolk County or Nassau County, New York. Your attorney can review your case, discuss your defense strategy, and provide options to ensure that you are treated fairly by the justice system. Call to speak with top Long Island DWI Attorney Jason Bassett today.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/what-is-a-dwai/ What is a DWAI?

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When Does Sentencing Occur If I Am Found Guilty Or Take A Plea Offer?

After someone is either found guilty after or they’ve pled guilty as part of a plea bargain, typically the matter will be put over for them to be interviewed by a government agency. In New York State Court, it’s the Department of Probation, while at the Federal level it’s the Pretrial Services Agency. In either instance, the defendant is interviewed and a written report is drafted and provided to the Court. The purpose of the report is to assist the Judge in determining an appropriate sentence. It includes information about the defendant’s background and the impact of the crime(s) on any victims.

What Happens On The Day of Sentencing?

At the Sentencing, the Judge will review the report which will be made available to both the prosecutor and the defense attorney. Both sides will argue for what they feel is the appropriate sentence pursuant to the law. Especially in cases with a plea bargain, it is important to make certain you are not accused of any offenses between the plea date and the sentencing date. If you are accused of another crime between the plea and the sentencing date, the judge does not have to honor the sentence that was promised in your plea bargain and can sentence you up to the maximum allowed by statute.

Are There Any Alternative Sentencing Programs For First Time Offenders In State Or Federal Court?

There are many alternative sentencing programs for first-time offenders and even for individuals with prior offenses. Many of these programs involve drug rehabilitation for individuals with a demonstrated problem with substance abuse. For charges under New York State Law, programs include the Judicial Diversion Program, the Willard Drug Rehabilitation Programs, and the Shock Program. In the Federal Courts, there are programs such as the RDAP Program. If you have a demonstrated problem with drugs or alcohol and you qualify to participate, the RDAP Program can greatly reduce your sentence.

What Should I Know If Probation Is A Part Of My Sentence?

If you are sentenced to probation, it’s important to realize that you have to abide by all the conditions of probation or you can be brought back to court and resentenced to jail time. Probation Officers are incredibly overworked people. They get a pile of new probationers every day, and very soon they have to decide how they’re going to handle each probationer. They can’t possibly closely monitor all of them. Based on their early assessment of the probationer, they have to determine if this is someone they have to really stay on top of or somebody they can give more leeway (e.g., fewer in-person meetings, fewer restrictions, even early release from probation). If you want to be someone they give more leeway, you have to make sure that you show up on time to your appointments, that you aren’t failing any drug tests, that you are not missing any curfews imposed, and that you are presenting yourself as somebody who made a mistake but truly wants to turn your life around. Do these things and you’ll often go from having to report once a week to eventually only having to report once a month. Sometimes that even turns into just a phone call once a month. Very often you’ll even be released from probation early. The single biggest thing you have to understand as a probationer is that your experience on probation is largely up to you. If you really put the time in early on to comply with your Probation Officer you can find that it becomes a lot less difficult in the long run. If you’re making mistakes early on such as picking up minor charges, missing appointments, or failing drug tests then probation is going to be much more intensive and could even result in resentencing and jail.

For more information on Sentencing In A Criminal Case In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/when-does-sentencing-occur-if-i-am-found-guilty-or-take-a-plea-offer/ When Does Sentencing Occur If I Am Found Guilty Or Take A Plea Offer?

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When Do I Actually Enter A Plea of “Guilty” or “Not Guilty”?

At the State Level, on all Indicted Felonies, Misdemeanors, and Violations you would plead “Not Guilty” at the arraignment (a Violation is not a crime as defined under New York State Law but can be punished by up to 15 days in jail). On Unindicted Felonies, you would enter a general denial at the arraignment and would only enter in a plea of “Not Guilty” only after the matter was indicted by a Grand Jury. At the Federal Level, as to all charges you would put in your plea of ‘Not Guilty” at the Initial Appearance. In both the State and Federal Courts, pleas of “Guilty” are almost always taken later in the process

Will My Attorney And I Have Access To Discovery Prior To Entering A Plea Of Guilty Or Not Guilty?

At the Federal level, in virtually all cases the attorney for the defendant will have discovery before any sort of plea negotiations are entered into. At the State Court Level, the prosecution has to provide discovery no later than 15 days after the defendant’s arraignment (although in some cases that time may be extended by 30 days with the permission of the Court). If the State Court prosecutor makes a Pre-Indictment offer requiring a plea to a crime, the prosecutor has to disclose all discovery not less than three calendar days prior to the expiration date of the offer. If it is either an indicted felony or a misdemeanor, when a prosecutor makes an offer requiring a plea to a crime, they must disclose discovery not less than 7 calendar days prior to the expiration date of the offer.

How Often Will I Need To Appear In Court During The Course Of My Case?

How often you will have to appear during the course of your case can vary pretty widely depending on the individual judge and the level of the crime charged. On an open criminal matter, there’s normally an appearance approximately once a month for both State and Federal cases. The period between court appearances can be longer or shorter depending on the specific circumstances of the case. At each court appearance, a variety of things can happen: the prosecutor and the defense attorney may negotiate matters related to the case; the prosecutor may provide discovery; future matters may be scheduled; written motion can be filed; evidentiary hearings and even a trial may result.

Should I Start Pre-Trial Voluntary Counseling For My Criminal Case on Long Island?

First and foremost, if someone feels that they need some sort of counseling then regardless of the effects on their case they should go forward with it. I have never known the decision to engage in counseling (whether it be for emotional issues or regarding substance abuse) to negatively impact a case. At worst it may have no effect on the case, but often it can convince a prosecutor to make a better plea. If someone has taken it upon themselves to seek some sort of counseling without it being required, it can often persuade a prosecutor that this is someone who is sincerely trying to change and should be given a chance.

Should I Cooperate With Law Enforcement? Does That Really Help Me With My Criminal Case?

First off, whether it be at the Federal Level or the State Level, you should only be speaking with any law enforcement authorities with your attorney involved every step of the way. It’s a very fact-specific determination whether or not you should try and work with the authorities and cooperate, either as a witness or a confidential informant. Under the right circumstances, cooperating with the authorities can be to a person’s advantage. Very often prosecutors will give a very favorable plea offer to someone who cooperates, whether that be through providing information, acting as an informant, and/or eventually testifying against someone else. If one eventually pleads guilty to a crime in Federal Court, one of the things specifically considered at sentencing is any cooperation the defendant has provided to the government. While it may be in your interest to cooperate, your attorney must first evaluate the strength of the prosecutor’s case so you can compare the likelihood of conviction and the possible sentence so you can properly judge the value of what the prosecutor is offering you.

Can My Attorney Have My Federal Or State Felony Charges Reduced To Lesser Offenses?

It is possible to have charges reduced under a variety of circumstances. I can often convince the prosecutor that the evidence isn’t sufficient to sustain the present charges. An Experienced Criminal Defense Attorney like myself can often point out the weaknesses in the prosecutor’s case and convince them to reduce the charges. Sometimes charges are reduced because the defense attorney has filed written motions asking the court to reduce the charges based on legal challenges. Most plea bargains include an agreement to plead guilty to reduced charges.

For more information on Whether To Plead “Guilty” Or “Not Guilty”, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/when-do-i-actually-enter-a-plea-of-guilty-or-not-guilty/ When Do I Actually Enter A Plea of “Guilty” or “Not Guilty”?

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