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New York City DWAI Attorney

Most people know that a person can be convicted of drunk driving with a blood-alcohol content (BAC) of 0.08. However, that is not the only circumstances in which a person can be convicted of criminal charges for driving under the influence. A charge for driving while ability impaired (DWAI) can also have a significant impact on your life, including losing your driving privileges.


If you face charges for driving while ability impaired, the best decision you can make is to hire a skilled attorney who will fight for you. At Greco Neyland, PC, our dedicated Manhattan DWAI lawyers will carefully review all circumstances in your arrest and do everything we can to have your charges reduced or dismissed, including challenging the basis of the traffic stop and any tests you may have taken.

Call us today at (212) 951-1300 to schedule a free consultation to discuss your DWAI arrest and developing a strategy for your defense. We represent people arrested in New York City and Kings County.

Test Results In A DWAI Case

Having a BAC of 0.08 or above means you are “per se” intoxicated, meaning that, under the law, you are intoxicated regardless of the extent to which your physical or mental faculties are actually impaired by any substance. If you have a BAC of 0.08 or above, you are charged with DWI (Driving While Intoxicated).

However, New York Vehicle and Traffic Law (VTL) § 1192 prohibits any person from driving if they are “impaired.” This includes those who may test under 0.08 BAC, but whose ability to drive is believed by police to be affected by intoxicating substances.

If you take a chemical test that shows results that are positive for alcohol but do not meet the 0.08 threshold for per se intoxication, and the officer believes your abilities are impaired, you will still be arrested, and you may face DWAI charges.

Typically, a test result of a BAC between 0.05 and 0.07 can lead to a DWAI arrest. Under VTL § 1195, a test result under 0.05 is “prima facie” evidence that a person is not impaired or intoxicated. However, under the same law, a BAC between 0.05 and 0.07 is “relevant” evidence that a person is impaired.

A BAC between 0.07 and 0.08 is prima facie evidence that a person is impaired.

Penalties Remain Severe For DWAI

A DWAI is a slightly less severe charge than a DWI. However, that does not mean that a DWAI should be taken lightly. Far from a minor inconvenience, a DWAI can mean losing your ability to drive.

A first DWAI offense for alcohol alone, if convicted, will result in:

  • A fine between $300 and $500
  • Up to 15 days in jail
  • License suspension for 90 days

For a second DWAI offense in five years, penalties go up across the board, and you will lose your license for a minimum of six months.

You will also have a criminal record. It is very likely that your insurance rates will go up dramatically.

Penalties are more severe in a case involving drugs, or a combination of drugs and alcohol.

Finding The Best DWAI Defense Attorney In NYC

If you face charges for driving while ability impaired in Manhattan or Brooklyn, you can have a skilled attorney on your side, fighting for you. Police must have reasonable suspicion to make a stop. We can challenge the grounds they used to pull you over.

If, in our investigation, we find that police failed to property clean or calibrate any device used to take a DWI test, we can move to suppress against those test results.

Have a skilled Manhattan DWAI lawyer fighting the charges for you. Call Greco Neyland, PC today at (212) 951-1300 to schedule a free consultation.

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