Latest / BSPE Legal Marketing Podcast / Suffolk County DWAI-Combination Defense | Alcohol and Drugs - Jason Bassett
Transcript
- 0:00Suffolk County DWAI-Combination Defense | Alcohol and Drugs A DWAI-Combination charge in New York can upend your life even when your blood alcohol level never reached the legal limit for standard drunk driving.
- 0:13Under New York Vehicle and Traffic Law Section 1192(4-a), it is illegal to drive while impaired by the combined influence of alcohol and one or more qualifying drugs, or by two or more qualifying drugs acting together.
- 0:28Unlike a per se DWI charge, prosecutors do not need to show a BAC of .08% or higher — they only need to prove that the combined substances impaired your ability to operate a vehicle.
- 0:40This distinction makes DWAI-Combination one of the more nuanced and aggressively prosecuted impaired-driving offenses in New York State.
- 0:48Even a legally prescribed medication can serve as the basis for this charge if it qualifies as a drug under VTL Section 114-a and the prosecution ties it to impairment.
- 0:59However, simply detecting alcohol and a drug in your system is not enough — the prosecution must prove the combined influence actually impaired your driving ability at the time.
- 1:08A first-offense DWAI-Combination conviction is a misdemeanor carrying fines between $500 and $1,000, up to one year in jail, and a mandatory license revocation of at least six months.
- 1:21New York also imposes mandatory court surcharges on top of those fines, and beginning February 16, 2026, a qualifying conviction triggers an 11-point DMV penalty that can lead to a separate point-based suspension.
- 1:34Police build these cases using breath tests, field sobriety tests, blood or urine chemical testing, and often a Drug Recognition Expert evaluation designed to identify substances beyond alcohol.
- 1:47A breath test only measures alcohol, so when an officer suspects drug involvement, a DRE evaluation and chemical testing become central pieces of the prosecution's evidence.
- 1:57Each part of the investigation — from the traffic stop to the chemical test results — can contain weaknesses that a skilled attorney may be able to challenge on your behalf.
- 2:05New York attorney Jason Bassett has more than 25 years of legal experience defending clients against DWAI-Combination and other impaired-driving charges throughout Suffolk County.
- 2:16As a dedicated lawyer who focuses on DWI defense, Jason Bassett reviews the circumstances of your traffic stop, the chemical testing procedures, and every piece of evidence the prosecution intends to use.
- 2:28Contact the 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 free consultation and start building your defense today.