Latest / BSPE Legal Marketing Podcast / Suffolk County DWAI Defense | Driving While Ability Impaired - Jason Bassett
Transcript
- 0:00Suffolk County DWAI Defense | Driving While Ability Impaired Even a first-time DWAI charge in Suffolk County can put your driving privileges on the line, and many drivers are caught completely off guard by how easily this charge can be filed.
- 0:13Under New York Vehicle and Traffic Law section 1192(1), you can be charged with Driving While Ability Impaired even if your blood alcohol content falls below the 0.08% threshold required for a standard DWI.
- 0:26Prosecutors only need to prove that alcohol impaired your ability to operate a motor vehicle to any degree, relying on driving behavior, speech, coordination, and field sobriety test results.
- 0:38New York law defines operating a vehicle more broadly than most people realize, meaning a person sitting behind the wheel of a parked car with the engine running can still face this charge.
- 0:49A first DWAI-alcohol offense is classified as a traffic infraction rather than a misdemeanor, which sets it apart from a standard DWI charge, though the consequences remain serious.
- 1:01A first offense carries a mandatory fine of $300 to $500, up to 15 days in jail, and a 90-day license suspension, along with DMV driver responsibility assessments totaling $750 over three years.
- 1:15When prior convictions under any subdivision of Vehicle and Traffic Law section 1192 exist within the preceding five years, the penalties escalate significantly with higher fines, longer jail exposure, and license revocation.
- 1:29Two or more qualifying convictions within ten years can elevate a new DWAI-alcohol offense to a misdemeanor, which will appear on your criminal record and surface in background checks run by employers and licensing boards.
- 1:42Jason Bassett is a Suffolk County DWI attorney who built his understanding of how prosecutors construct these cases during his time as an Assistant District Attorney and Principal Assistant County Attorney.
- 1:53As a past President of the Suffolk County Criminal Bar Association, he personally reviews every police report, challenges roadside testing procedures, and fights to protect your right to drive.
- 2:03Having an experienced lawyer in your corner before your arraignment can make a meaningful difference in how your case is resolved, whether through challenging evidence or exploring a reduction in charges.
- 2:14Call the Law Offices of Jason Bassett, P.C., at 631, 259, 6060, located at 320 Carleton Ave, number 4200, Central Islip, NY 11722, United States, to schedule your free consultation before your next appearance in a Suffolk County courtroom.
- 2:35Contact Law Offices of Jason Bassett, P.C., at 631, 259, 6060, located at 320 Carleton Ave # 4200, Central Islip, NY 11722, United States, to schedule your consultation today.