Latest / BSPE Legal Marketing Podcast / What Is VTL § 1192(1), Driving While Ability Impaired (DWAI) by Alcohol? - Jason Bassett

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What Is VTL § 1192(1), Driving While Ability Impaired (DWAI) by Alcohol? - Jason Bassett · BSPE Legal Marketing Podcast

• 0:00
  SPEAKER_00: What is VTL Section 1192?
• 0:02
  SPEAKER_00: 1.
• 0:03
  SPEAKER_00: Driving while ability impaired.
• 0:05
  SPEAKER_00: DWAI, by alcohol.
• 0:07
  SPEAKER_00: Most drivers assume that staying below the legal DWI limit means they are safe from any alcohol-related driving charge.
• 0:14
  SPEAKER_00: But New York law tells a very different story.
• 0:17
  SPEAKER_00: Under vehicle and traffic law, Section 1192.1.
• 0:21
  SPEAKER_00: A driver can be charged with driving while ability impaired by alcohol, even when their blood alcohol content falls well below the 0.08% threshold required for a DWI.
• 0:31
  SPEAKER_00: The standard under DWAI is remarkably broad.
• 0:35
  SPEAKER_00: Prosecutors only need to show that alcohol affected the driver's physical and mental abilities to any degree, however slight.
• 0:42
  SPEAKER_00: This means a back reading anywhere above 0.05% can become relevant evidence of impairment.
• 0:47
  SPEAKER_00: And even without a chemical test, prosecutors can rely on officer observations and other evidence.
• 0:53
  SPEAKER_00: Unlike DWI, a first offense DWI is classified as a traffic infraction rather than a criminal misdemeanor, which means it does not result in a criminal conviction under New York law.
• 1:04
  SPEAKER_00: However, that distinction does not make the charge harmless.
• 1:07
  SPEAKER_00: A first DWAI still carries a fine between$300 and$500, up to 15 days in jail and a 90-day driver's license suspension.
• 1:16
  SPEAKER_00: Drivers also face a driver responsibility assessment of$250 annually for three years, along with mandatory surcharges and potential enrollment in New York's impaired driver program.
• 1:27
  SPEAKER_00: The charge applies not just on public highways, but also on private roads open to motor vehicle traffic and qualifying parking lots.
• 1:35
  SPEAKER_00: So the location of the stop may not protect a driver from prosecution.
• 1:38
  SPEAKER_00: When a second DWAI offense occurs within five years, the penalties escalate sharply to fines between$500 and$750, up to 30 days in jail, and a license revocation of at least six months.
• 1:51
  SPEAKER_00: A third or subsequent DWAI offense within 10 years crosses into criminal territory, charged as a misdemeanor with fines reaching$1,500 and the full weight of a criminal conviction.
• 2:03
  SPEAKER_00: Understanding the gap between DWAI and DWI is critically important because the charge affects not only the penalties a driver faces, but also their long-term driving record, insurance rates, and defense strategy.
• 2:15
  SPEAKER_00: Suffolk County Attorney Jason Bassett has helped drivers throughout Long Island understand exactly what a DWAI charge means and what options may be available before license and court consequences move forward.
• 2:26
  SPEAKER_00: The law firm of law offices of Jason Bassett.
• 2:29
  SPEAKER_00: PC represents clients facing DWAI, DWI, and related alcohol-related driving charges across Suffolk County and Long Island.
• 2:38
  SPEAKER_00: If you or someone you know is facing a DWAI charge, call the law offices of Jason Bassett, PC at 631, 259, 6060, located at 320 Carleton Avenue, Hash 4200, Central Islip, New York, 11722, to schedule your free consultation today.