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Driving While Ability Impaired

Driving While Ability Impaired by Drugs

Defense for Your Charges in New York City

If an individual is found to have a blood alcohol level above the legal limit of 0.08%, he or she may be arrested for DWI, or driving while intoxicated. However, if the blood or breath test indicates that the individual's blood alcohol content is below the legal limit, he or she may still be arrested and charged with DWAI, or driving while ability impaired by drugs or alcohol.

When an individual is charged with driving while ability impaired by drugs, they are believed to be under the influence of one of the controlled substances named in the New York Controlled Substances Act. However, sometimes an individual is falsely accused of DWAI when a legal prescription drug or possibly an over-the-counter medication has affected them.

How to Fight Your DWAI Charge

For this reason, it is important that you discuss your case with a knowledgeable legal professional at your earliest convenience. With the help of a New York City criminal attorney from the Law Offices of Daniel A. Hochheiser, you may be able to prove that you did not intentionally engage in the act of driving while ability impaired by drugs to have your charges reduced or even dropped. We proudly extend our legal services to residents throughout New York, including Scarsdale, Westchester, Bronx, and Manhattan.

Penalties of a DWAI Conviction in New York

A DWAI conviction can have permanent repercussions on the accused individual. He or she may face years of prison, steep fines, suspension of driver's license, and a permanent mark on his or her record. In addition, the defendant will be forced to explain the DWAI charge to his or her employer and all future employers, jeopardizing upcoming career paths. According to NY Code §1192, one could face the following penalties if they are found guilty of DWAI in the state:

  • First DWAI offense – up to 15 days in jail, $300-$500 in fines & a 90-day license suspension
  • Second DWAI offense – up to 30 days in jail, $500-$750 in fines & a 6-month license revocation
  • Third DWAI offense – up to 90 days in jail, $750-$1,500 in fines & a 6-month license revocation

It will be absolutely vital for your future that you seek the professional legal guidance of a skilled legal professional. At the Law Offices of Daniel A. Hochheiser, the drug crime lawyers are prepared to work with you on building your case to bring to court. Your attorney will be at your side and present in every court hearing following the DWAI arrest, including your arraignment, pre-trial hearings and, if it comes to the final hearing, then your trustworthy lawyer will be at your side for that as well.

Contact the Law Offices of Daniel A. Hochheiser Today

If you have been arrested and charged with driving while ability impaired (DWAI) by drugs, you have a limited amount of time to prepare your defense. Failing to act quickly could have serious ramifications on your future, so it is highly recommended that you enlist the professional help that you will need while there is still time. By contacting a competent attorney at the Law Offices of Daniel A. Hochheiser today, you can get started immediately.

Getting in touch with a NYC drug defense attorney our firm is easy. Simply pick up the phone and call us at (800) 813-9069 for a free initial consultation with a qualified legal professional, or submit a complimentary case evaluation form online. From there, we can advise you on what steps to take next. We look forward to hearing about your case soon!

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Client Testimonials

"Good Results and a Great Lawyer !!!!!!!"

"Very organized and always on top of things when I needed answers to. It was for a drug case and he went the extra mile to help me. Couldn't ask for a better result to my case than what he ..."

- Howard
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