VTL 1192.4-a · Article 1192

DWI by Combined Influence (VTL 1192.4-a)

This provision covers impaired ability to operate a motor vehicle caused by the combined influence of drugs, or by alcohol together with one or more drugs. These are alternative combinations, not a requirement that alcohol be involved in every case.

24 Years Experience · Since 2002Former ADAAvailable 24/7Se Habla Español

Has your loved one been arrested or taken into police custody?

Text us immediately · (845) 290-2492

Call (845) 290-2492 Confidential consultation

Definition under New York law

VTL 1192.4-a · Original statutory wording; excerpts must be read together with the full section.

§ 1192 4-a. Driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the combined influence of drugs or of alcohol and any drug or drugs.

Read the full section at the New York State Senate

In everyday language

At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.

CPL § 70.20

What the prosecutor must prove

The prosecutor must prove beyond a reasonable doubt that the person accused operated a motor vehicle while the ability to operate it was impaired.
The impairment resulted either from the combined influence of multiple drugs or from the combined influence of alcohol and one or more drugs.
The two combinations are alternatives, not cumulative requirements; the prosecutor must prove the applicable combination and its causal connection to impairment beyond a reasonable doubt.

Defenses that commonly apply

What evidence establishes impaired ability while the person accused operated the vehicle?
Does the evidence establish multiple drugs, or alcohol together with at least one drug, rather than a single substance alone?
What evidence shows that the combined influence caused the impairment?

Penalties and collateral consequences

A Misdemeanor carries a maximum sentence of up to 1 year and a fine of up to $500 to $1,000.

Common questions about your defense

Can the absence of alcohol defeat a combined-influence charge?

The absence of alcohol does not by itself defeat this charge because the statute alternatively covers the combined influence of multiple drugs. If the evidence establishes only one drug without alcohol, or fails to link a qualifying combination to impaired ability during operation, that may support a defense. The prosecutor must prove the applicable alternative and the remaining elements beyond a reasonable doubt.

Why is starting a defense early imperative?

An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.

How does an experienced lawyer help build the best possible defense?

Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.

Does an arrest or police report prove the charge?

No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.

Can the charge be dismissed or reduced?

That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.

Every case turns on its own facts. The information on this page is general, not legal advice.

VTL 1192.4 · Misdemeanor

Aggravated Driving While Intoxicated (VTL 1192.2-a(a)))

VTL 1192.2-a(a) · Misdemeanor

Driving While Intoxicated (VTL 1192.3)

VTL 1192.3 · Misdemeanor

Refusal to Submit to a Chemical Test (VTL 1194)

VTL 1194 · DMV administrative hearing

Speeding (VTL 1180)

VTL 1180 · Traffic infraction

Using a Hand-Held Device While Driving (VTL 1225-D)

VTL 1225-D · Traffic infraction

Unsafe Lane Change (VTL 1128(a))

VTL 1128(a) · Traffic infraction

Following Too Closely (VTL 1129(a))

VTL 1129(a) · Traffic infraction

Related practice areas

Criminal Defense

Aggressive, experienced defense for arrests, investigations, and serious charges in Rockland, Orange, and Westchester Counties.

Felonies & Misdemeanors

From major felonies to misdemeanors and violations, a former prosecutor in your corner from arraignment to verdict.

Traffic Matters

Tickets, license suspensions, and DMV hearings — keep points off your record and your license in your pocket.