DWI Defense
Drugged Driving / DWAI
A lot of people come to me confused about a DWAI charge — they had a drink or two, their BAC was below .08%, and they still got arrested. Or they took a prescription medication they were legally prescribed and got charged with drugged driving. These situations happen more often than you might think, and the charges are real even if the situation feels unfair.
DWAI and drugged driving charges in New York can range from a traffic infraction to a serious misdemeanor depending on the substance and the circumstances. Understanding exactly what you are charged with — and what it means for your license and your record — is the essential first step.
The DWAI / Drugged Driving Landscape in New York
New York Vehicle and Traffic Law § 1192 creates several distinct charges:
DWAI — Alcohol (§1192(1)): Operating a motor vehicle while ability is impaired by alcohol — to any extent. BAC is typically in the .05%–.07% range. This is a traffic infraction (not a crime) for a first offense. It still carries license suspension and fines, and it can elevate to a misdemeanor for a second offense within 5 years.
DWAI — Drugs (§1192(4)): Operating while impaired by a drug other than alcohol — including marijuana, prescription medications, cocaine, and other controlled substances. This is a misdemeanor for a first offense, not a traffic infraction.
DWAI — Combined Influence (§1192(4-a)): Operating while impaired by the combined influence of alcohol and drugs. Also a misdemeanor.
The Marijuana Complication
Despite New York's legalization of recreational marijuana, driving while impaired by cannabis remains illegal and is prosecuted under § 1192(4). The challenge for the prosecution — and an important defense angle — is that unlike alcohol, there is no reliable chemical test for marijuana impairment. Blood THC levels do not correlate with current impairment the way BAC correlates with alcohol impairment. The prosecution typically relies on officer observations and Drug Recognition Expert (DRE) evaluations, both of which are challengeable.
Prescription Medications
This is a category that genuinely surprises people. If your legally prescribed medication impairs your ability to drive — even if you are taking it exactly as prescribed — you can be charged with DWAI Drugs. Common examples include sleep medications, anti-anxiety medications, opioid painkillers, and muscle relaxants. The defense in these cases often focuses on whether the officer had probable cause for the stop and whether the impairment was actually demonstrated.
Frequently asked questions
Speak with Yvonne directly
DWAI and drugged driving charges deserve the same serious attention as any DWI. Call (845) 290-2492 anytime — day or night. Se habla español.