DWI Defense
Drugged Driving / DWAI
A lot of people come to me confused about a DWAI charge — they had a drink or two, their BAC was below .08%, and they still got arrested. Or they took a prescription medication they were legally prescribed and got charged with drugged driving. These situations happen more often than you might think, and the charges are real even if the situation feels unfair.
DWAI and drugged driving charges in New York can range from a traffic infraction to a serious misdemeanor depending on the substance and the circumstances. Understanding exactly what you are charged with — and what it means for your license and your record — is the essential first step.
The DWAI / Drugged Driving Landscape in New York
New York Vehicle and Traffic Law § 1192 creates several distinct charges:
DWAI — Alcohol (§1192(1)): Operating a motor vehicle while ability is impaired by alcohol — to any extent. BAC is typically in the .05%–.07% range. This is a traffic infraction (not a crime) for a first offense. It still carries license suspension and fines, and three or more alcohol-DWAI violations within ten years can be a misdemeanor under VTL 1193.
DWAI — Drugs (§1192(4)): Operating while impaired by a drug other than alcohol — including marijuana, prescription medications, cocaine, and other controlled substances. This is a misdemeanor for a first offense, not a traffic infraction.
DWAI — Combined Influence (§1192(4-a)): Operating while impaired by the combined influence of alcohol and drugs. Also a misdemeanor.
The Marijuana Complication
Despite New York's legalization of recreational marijuana, driving while impaired by cannabis remains illegal and is prosecuted under § 1192(4). The challenge for the prosecution — and an important defense angle — is that unlike alcohol, there is no reliable chemical test for marijuana impairment. Blood THC levels do not correlate with current impairment the way BAC correlates with alcohol impairment. The prosecution typically relies on officer observations and Drug Recognition Expert (DRE) evaluations, both of which are challengeable.
Prescription Medications
This is a category that genuinely surprises people. If your legally prescribed medication impairs your ability to drive — even if you are taking it exactly as prescribed — you can be charged with DWAI Drugs. Common examples include sleep medications, anti-anxiety medications, opioid painkillers, and muscle relaxants. The defense in these cases often focuses on whether the officer had probable cause for the stop and whether the impairment was actually demonstrated.
Official New York resources
Frequently asked questions
What is the difference between DWI and DWAI in New York?
DWI (Driving While Intoxicated) is a misdemeanor — a criminal offense — requiring a BAC of .08% or more or demonstrated intoxication. DWAI Alcohol (Driving While Ability Impaired by Alcohol) is a traffic infraction for a first offense, requiring only that your ability to drive was impaired to any extent — typically at a BAC of .05%–.07%. DWAI is a less serious charge than DWI but still carries real consequences.
Can I be charged with drugged driving for taking my own prescription?
Yes. New York law prohibits driving while impaired by any drug — including legally prescribed medications. If your prescription medication impairs your ability to drive and an officer observes signs of impairment, you can be charged with DWAI Drugs. These cases are highly fact-specific and can often be challenged effectively.
Is marijuana DWI treated differently in New York now that marijuana is legal?
Legalization of recreational marijuana did not change the DWI laws. Driving while impaired by cannabis is still illegal and still charged under § 1192(4). The difference is that unlike alcohol, there is no reliable chemical impairment test for marijuana — the prosecution relies on officer observation and Drug Recognition Expert evaluations, both of which are contestable.
Speak with Yvonne directly
DWAI and drugged driving charges deserve the same serious attention as any DWI. Call (845) 290-2492 anytime — day or night. Se habla español.