When you get a DWAI (Driving While Ability Impaired) in New York, you face a range of consequences that can impact your finances, driving privileges, and personal record. Unlike Driving While Intoxicated (DWI), DWAI is typically classified as a traffic infraction, not a criminal charge, though it still carries significant penalties.
Understanding DWAI in New York
Driving While Ability Impaired (DWAI) means operating a vehicle while your ability is impaired to any extent by alcohol, drugs, or a combination of both. In New York, the legal threshold for alcohol impairment for a DWAI is a Blood Alcohol Content (BAC) between 0.05% and 0.07%. It's a serious offense that the state takes very seriously, aiming to keep impaired drivers off the road.
Immediate Consequences of a DWAI Conviction
The specific penalties for a DWAI conviction in New York can vary depending on individual circumstances, your driving history, and whether it's your first offense.
Penalties for First-Time DWAI Offenders
For individuals convicted of a DWAI for the first time, the penalties are clearly defined:
| Consequence | Penalty |
|---|---|
| Fines | Up to $500 |
| Jail Time | Up to 15 days |
| License Suspension | Up to 90 days |
This means you could face a monetary penalty, a period of incarceration, and lose your ability to legally drive for a specified duration.
Penalties for Repeat Offenders and Aggravated Circumstances
If you have a prior DWAI or DWI conviction, or if there are aggravating circumstances surrounding your current offense (such as causing an accident or having a child in the vehicle), the penalties become much harsher. Repeat offenders face increased fines, longer potential jail sentences, and more extended periods of license suspension or revocation. These escalated penalties reflect New York's stance on deterring habitual impaired driving.
Other Significant Impacts of a DWAI
Beyond the immediate fines, jail time, and license suspension, a DWAI conviction can have several other lasting effects.
Driver Responsibility Assessment (DRA)
In New York, a DWAI conviction typically triggers a Driver Responsibility Assessment (DRA) fee. This is an annual surcharge paid to the New York State Department of Motor Vehicles (DMV) for three years. For a DWAI, this fee is an additional financial burden on top of the court-imposed fines. You can learn more about these assessments on the New York DMV website.
DMV Points and Driving Record
A DWAI conviction adds 3 points to your New York driving record. Accumulating too many points within a certain timeframe can lead to additional license suspensions or revocations. Furthermore, a DWAI conviction will appear on your driving abstract, which is a record accessible to insurance companies and, in some cases, employers.
Insurance Premium Increases
One of the most common and long-term consequences of a DWAI is a significant increase in your auto insurance premiums. Insurance companies view drivers with impaired driving convictions as high-risk, leading to substantially higher rates that can last for several years. In some cases, your insurance provider might even drop your coverage, requiring you to seek a new policy, possibly from a high-risk insurer.
Potential Legal and Personal Ramifications
While a DWAI is a traffic infraction and not a criminal misdemeanor or felony, it still carries a stigma. It can impact:
- Employment: Certain jobs, especially those requiring driving or a clean driving record, may be jeopardized.
- Travel: While less impactful than a criminal conviction, it can sometimes affect travel plans, especially across borders, depending on the specific country's laws.
- Future Opportunities: Although not a criminal record, it remains on your driving abstract and can be considered in background checks for certain purposes.
Understanding these consequences is crucial for anyone facing a DWAI charge in New York.
