Driving While Ability Impaired by Drugs is a crime. Your judgment, coordination and ability to drive a vehicle change when you consume any amount of drugs.
In order to convict a defendant for driving while ability impaired by drugs, the People must prove:
- That the defendant ingested a drug;
- That the drug ingested is one listed under Public Health Law 3306;
- That the defendant drove a car after ingesting the drug; and
- That the defendant’s ability to drive was impaired by the drug which he took.
Driving while intoxicated is a crime. Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions:
- the amount of alcohol you drink
- the amount of food you eat before or while you drink alcohol
- the length of time you drink alcohol
- your body weight
- your gender
There is no quick method to become sober. The best method is to wait until your body absorbs the alcohol. The average rate that your body processes alcohol is approximately one drink per hour.
What are the types of alcohol and drug-related violations in New York State?
- Driving While Intoxicated (DWI): .08 Blood Alcohol Content (BAC) or higher or other evidence of intoxication. For drivers of commercial motor vehicles: .04 BAC or other evidence of intoxication
- Aggravated Driving While Intoxicated (Aggravated DWI): .18 BAC or higher
- Driving While Ability Impaired by Alcohol (DWAI/Alcohol): more than .05 BAC but less than .07 BAC, or other evidence of impairment
- Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)
- Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination)
- Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine)
- Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law
What are the penalties for alcohol or drug-related violations?
In New York State, the penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term.