New York Personal Injury Lawyer Blog
If you have been charged with driving under the influence, you need to reach out to a seasoned New York DWI attorney who understands this area of law. At the Law Offices of Mark A. Siesel, we can examine the facts of your case and make sure that none of your rights were violated when you were stopped or arrested. With 31 years of experience, we are dedicated to providing strong, effective, and experienced advocacy throughout the entire legal process.
In New York, the basic offense of driving while intoxicated (DWI) consists of operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. In other words, someone with a BAC of 0.08 percent or more is legally considered drunk or intoxicated. DWI is not the only alcohol-related charge that New York drivers potentially face. Drivers could also face a charge of driving while ability impaired (DWAI), which is charged when a person’s BAC is between 0.05 percent and 0.07 percent, a lower threshold than a DWI.
When a person operates a motor vehicle under the influence of drugs, that person can be charged with a DWAID – driving while ability impaired by drugs. This charge is specifically for impairment by a controlled substance, regardless of whether those drugs were legal, illegal, or prescription. However, the particular impairing drug must be listed as a controlled substance under the New York State Public Health Law. Thus, impairment by some drugs may not form the basis of a DWAID charge.