DWAI/Alcohol
Understanding DWAI Alcohol in Long Island and Nassau County
Driving While Ability Impaired by Alcohol (DWAI/Alcohol) is a serious legal matter in New York. At the same time, it is often considered a lesser charge than Driving While Intoxicated (DWI), but it still carries significant penalties that can impact your personal and professional life. If you’ve been charged with a DWAI Alcohol violation, knowing your rights and legal options is critical. At Schalk, Ciaccio & Kahn, our experienced attorneys are here to guide you through the complex legal process and provide you with the strongest defense possible. We’ll walk you through DWAI/Alcohol violations, the penalties involved, and steps to take if charged.
Types of Alcohol Related Violations in Long Island
New York law recognizes several alcohol-related driving offenses. Here’s a quick breakdown of the most common:
- DWAI Alcohol: This applies when your Blood Alcohol Content (BAC) is between 0.05% and 0.07%. Even if you’re below the legal limit for DWI, you can still face charges for impaired driving.
- Driving While Intoxicated (DWI): A more severe charge, applying to those with a BAC of 0.08% or higher.
- Aggravated DWI: This involves a BAC of 0.18% or more, leading to harsher penalties.
- Zero Tolerance Law Violations: Drivers under 21 with a BAC between 0.02% and 0.05%.
- Chemical Test Refusal: Refusing to submit to a chemical test results in automatic penalties, including license suspension.
What Are the Penalties for a DWAI Alcohol Violation?
Although DWAI/Alcohol is considered a traffic infraction rather than a criminal offense, the penalties are substantial and can escalate with repeated violations. For first-time offenders, penalties may include:
- Fines: A fine ranging from $300 to $500.
- License Suspension: 90-day suspension of your driver’s license.
- Jail Time: Up to 15 days in jail.
- Mandatory Surcharge: Additional monetary penalties imposed by the court.
- Driving Record: The DWAI will appear on your driving record, which can have long-term consequences.
Additional Penalties for DWAI Alcohol
Beyond fines, suspensions, and potential jail time, those charged with DWAI in Long Island may face other consequences:
- Increase in Insurance Premiums: A DWAI conviction typically leads to a significant increase in car insurance rates.
- Alcohol Education Programs: You may be required to complete mandatory alcohol education or treatment programs at your own expense.
- Civil Penalties: New York imposes civil penalties for certain alcohol-related violations, such as Driver Responsibility Assessments.
- Employment Impact: A DWAI can appear on background checks, affecting employment opportunities.
- Permanent Record: A DWAI is not a criminal conviction, but it remains on your record for years.
What Happens If You Get a DWAI in Long Island?
If you’re charged with a DWAI/Alcohol violation in Long Island or Nassau County, a series of legal and administrative procedures will follow:
- Arrest and Chemical Test: You may be asked to take a breathalyzer or chemical test. Refusal can result in immediate license suspension.
- Court Appearance: You’ll need to appear in court and enter a plea. Having an attorney represent you is highly recommended.
- Potential Penalties: Depending on the specifics of your case, penalties such as fines, license suspension, or community service may be imposed.
- Rehabilitation Options: Completion of programs such as the Drinking Driver Program (DDP) might be required.
Can a DWAI Be Reduced?
Reducing a DWAI charge to a lesser offense depends on your case’s details. With expert legal representation, there may be opportunities to negotiate, especially if:
- The evidence against you is weak or inconsistent.
- You have no prior alcohol-related offenses.
- You comply diligently with all legal and administrative requirements.
Our attorneys at Schalk, Ciaccio & Kahn evaluate every aspect of your case, from the traffic stop’s validity to the chemical test’s accuracy. This thorough approach helps identify any weaknesses in the prosecution’s case, increasing the chances of reducing or dismissing the charges.
How Long Does a DWAI Stay on Your Record?
A DWAI conviction remains on your driving record for ten years in New York. During this period, it may affect your ability to obtain affordable car insurance, complicate job applications, and serve as an aggravating factor for future violations. Although a DWAI is not a criminal charge, its long-term consequences can be significant. Taking proactive measures, such as consulting a dedicated attorney, can help minimize its impact on your life.
Contact the Experienced Attorneys at Schalk Ciaccio & Kahn
A DWAI/Alcohol charge is not something to face alone. The attorneys at Schalk Ciaccio & Kahn have the experience and knowledge to defend against DWAI penalties in Long Island and Nassau County. With over 50 years of collective legal expertise, we’re equipped to protect your rights and secure the best possible outcome. Whether you’re navigating your first DWAI charge or dealing with more complex legal matters, our team is here to help. Contact us today for a free consultation, and take the first step toward resolving your case.