Being a subject to a DWAI charge can be a stressful experience. DWAI or Driving While Ability Impaired refers to instances in which an individual is operating a vehicle while being under the influence of any substance that affects their safety and ability to do so properly. If you or a loved one has been charged with a DWAI offense, this article can help you understand DWAI charges and give you an insight into what you can expect from the process.
What is a DWAI charge?
First and foremost, it’s important to note that this type of charge is specific to some state. This means that not all states have it. When a driver is charged with a DWAI, that means that they were considered too impaired to drive at the time of the arrest. In the state of New York, for instance, a driver may face this charge if they are physically or mentally impaired to any degree due to the consumption of drugs, alcohol, or a combination of both.
They could also face DWAI charges if their blood alcohol concentration (BAC) measures between 0.04% and 0.07% at the time of the arrest. Although these types of charges are not as severe as DWIs, they do come with serious penalties as well as other legal and non-legal consequences.
What are the penalties for a DWAI charge?
When it comes to DWAI penalties, they may include everything from fines to suspension of your driver’s license to jail time. How severe the penalties are will depend on the state as well as whether this is your first time offense or a subsequent conviction. In New York, you can face a $500 fine, jail term of up to fifteen days, and three month-long license suspension.
Whether you’re dealing with alcohol use disorder or your DWAI offense was drug-related, you may also be required to go through an alcohol and drug evaluation and enter the program you’re recommended.
What about repeat DWAI offenses?
If you’re a first-time offender, the penalties may not be as severe. That said, if this is your second DWAI offense within a 10-year period, you can expect much harsher sentences. For starters, you may face a prison term of four years maximum. As for fines, a second DWAI offense will set you back $5,000 in the state of New York.
In cases where individuals are charged with a DWAI offense for the third time, the fines can be as high as $10,000, and they may be sentenced to jail for up to seven years. In addition, third time offenders will also have their license permanently revoked.
What are some non-legal consequences of a DWAI charge?
Whether you’re a first time offender or you’ve committed subsequent offenses, the consequences of a DWAI conviction go beyond penalties. For starters, having your license suspended/revoked may negatively impact your daily life since you won’t be able to drive anywhere. You may have to resort to other means of transport to be able to get to work, run errands, or carry out family-related responsibilities. Also, taking advantage of a job opportunity or qualifying for a home loan will be much more difficult once you’ve got DWAI on your criminal record. Plus, any personal relationships you may have may be affected by fines and jail time.
On top of that, you’ll also need to attend substance abuse education classes, which will cost you both time and money. If you’re put on probation or community service, you’ll be investing a lot of time and effort into these obligations, which will heavily impact your daily life.
Why is it important to hire a defense attorney when charged with a DWAI?
Considering both long-term and short-term impacts of a DWAI charge, it is clear that having an appropriate legal representation is a must. Who you choose to hire as your lawyer will play a vital role in the process. A great lawyer can help you ensure the best possible outcomes and handle an overwhelming citation with more ease.
By relying on their knowledge, expertise, and negotiating skills, a DWAI lawyer may manage to reduce your sentence or get your charges dropped. They can do all that while providing legal guidance and helping you protect your rights during such tumultuous times.
A legal offense that requires a careful approach
There’s no denying the multiple legal repercussions of a DWAI charge and its negative effect on life. Regardless of the state, a DWAI is a legal offense that requires a careful approach.
By understanding these types of charges, you’ll know what to expect from the entire process and you’ll also be better equipped for dealing with such a situation should one arise.
