Driving While Ability Impaired

An infraction and not a crime, VTL 1192.1 is the lowest possible drunk driving and DWI offense in New York State. As noted, although a conviction for Driving While Ability Impaired (DWAI) is not a crime, it will stay on your record.

In short, your are guilty of VTL 1192.1 if prosecutors can prove beyond a reasonable doubt (with the assistance of potential legal presumptions) that alcohol or drugs impaired your ability to operate the vehicle you are alleged to have operated. This operation need not be actual driving. While this violation can be charged by itself, it is usually charged in New York City and elsewhere as a lesser offense to the misdemeanor DWI crimes of VTL 1192.2 and VTL 1192.3.

Penalties for New York DWAI

Up to fifteen days in jail
A minimum fine of $300 and a maximum fine of $500
A surcharge of $255 as well as an assessment on your license of $250 for three year 90 day license suspension (you may be eligible for a conditional license)
Required attendance at a Victim Impact Panel where you will listen to victims of DWI
Victim Impact Panel

Enhanced Penalties for Second DWAI

Up to thirty days in jail
A minimum of a $500 fine and a maximum of a $750 fine
At least a six months revocation of your license

Other Important Issues Relating to VTL 1192.1

While it is possible at times to have a case dismissed on speedy trial ground, the law in New York State is that DWAI is not subject to speedy trial rules pursuant to CPL 30.30. In other words, sometimes the prosecution does not meet their legal burden to commence a timely trial. In such a case, your criminal lawyer or DWI attorney will file a motion to have your misdemeanor DWI charges dismissed. However, because DWAI is an infraction and not a crime, CPL 30.30 does not apply. Fortunately, some lower courts have slightly modified this law and constitutional protections still apply.

Because so much is at stake, whether you are only charged with DWAI or charged with this offense along with misdemeanor crimes, seek experienced legal representation to safely help navigate you through the criminal justice system.

Call the New York City drunk driving attorneys and former Manhattan prosecutors at (212) 312-7129 or contact us online today.

Client Reviews
... I was facing a class B felony and potentially tens of thousands in fines and some legit jail time and after hiring Jeremy Saland he obviously struck enough fear into the prosecutors with his sheer litigation might that it was knocked down to a petty misdemeanor and after a few sheckles and a handful of counseling sessions, I will no longer have a criminal record. The offices of Crotty Saland are the Shaq and Kobe of criminal defense in New York City and to even consider another firm is outright blasphemy. I stand by this statement 100% Evan
Let me start by saying how amazing Liz Crotty is! I am a resident of California, who needed representation for my son who received a desk citation while he was visiting NYC. Liz jumped on the case right away; she was very thorough in explaining things to me. She is strictly business too! She went to court on my son's behalf and had his case dismissed. I am forever grateful to her. Seana G.
Contact Us 212.312.7129

1Free Consultation

2Available 24/7

3We Will Fight For You!