Under the New York State Vehicle and Traffic Law, if you are charged with operating a vehicle with a blood alcohol concentration (BAC) between 0.05 and 0.07 per centum in your blood, breath, or urine, you can be charged with a traffic infraction known as “Driving While Ability Impaired.” (DWAI). Unlike a DWI or Aggravated DWI, Driving While Ability Impaired is not a crime, it is a traffic infraction, but it does carry serious implications and complications for your driving privileges, employment prospects, insurance rates, and will have a significant impact on your New York State Driver’s License. When you are charged with a DWAI, or any drinking and driving offense, you need experienced, knowledgeable and aggressive representation, which we provide at the Law Office of Mark A. Siesel in White Plains, New York.
Unlike other traffic infractions, a DWAI has one specific very serious consequence: If you plead guilty or are convicted of a DWAI after a trial of the charges against you, you will never be eligible for this reduced charge in a plea bargain if you are ever again charged with a DWI offense. Therefore, it is critical that you have experienced legal counsel to guide you from the inception of the charges against you through the conclusion of the case, by way of plea or verdict.
A DWAI charge is even more serious for commercial drivers of trucks and livery vehicles, who are not able to make a living if they do not have their driver’s license or driving privileges. Commercial drivers can be charged with DWAI with blood alcohol concentrations lower than non-commercial drivers. Due to the possibility that commercial drivers when charged with DWAI could lose their livelihood if their operating privileges are suspended or revoked, it is absolutely essential that your attorneys are fully familiar with all aspects and variables surrounding a DWAI charge in the State of New York.
Investigating Your Drunk Driving Case, Protecting Your Rights
We investigate all aspects of the DWAI arrest. The officer must have probable cause to make the traffic stop. The police officer must conduct all tests in accordance with proper procedure and within your rights. This includes:
From the initial stop to any form of testing, everything must be done in accordance with proper and legal police procedure. The consequences of a DWI charge are too severe to overlook even the smallest detail. For example, even people with perfect balance could have difficulty performing one of the Field Sobriety Tests known as the walk and turn, and they could fail this test simply because they were nervous while taking the test. Further, there are numerous medical conditions, including epilepsy, vertigo, a concussion or even allergies which could make it difficult if not impossible for someone to pass the divided attention/balance testing that is part of the Field Sobriety Testing protocol. Yet on many occasions, the investigating officer never asks the motorist if they are suffering from any of these medical conditions, or has the person perform the tests in locations that do not lend themselves to passing the tests. If there is evidence to support your innocence, we will advocate on your behalf, either when negotiating with the District Attorney’s Office or in the courtroom.
To obtain more information or to schedule an appointment with an experienced DWI attorney, please contact us.