DWAI: Drugs/Alcohol Combination
DWAI Drugs/Alcohol in Long Island and Nassau County: Learn More
Driving While Ability Impaired (DWAI) is a serious charge in New York State. It encompasses a range of impairments, including those caused by both drugs and alcohol. DWAI laws ensure road safety and hold individuals accountable for impaired driving. Below, we provide a comprehensive guide to DWAI by drugs and alcohol, with a focus on Long Island and Nassau County. This information will help you understand the laws, penalties, and importance of seeking legal representation with Schalk, Ciaccio & Kahn.

What is DWAI Combination?
DWAI Combination refers to impairment caused by both drugs and alcohol simultaneously. This means that an individual does not need to exceed the legal blood alcohol content (BAC) limit or be entirely under the influence of drugs. Even slight impairments caused by mixing the two substances can lead to a DWAI Combination charge. Under New York law, law enforcement focuses on the driver’s inability to operate their vehicle safely, rather than specific BAC thresholds, when drugs are also involved.
DWAI and the Legal Landscape in Long Island and Nassau County
Long Island and Nassau County strictly enforce DWAI laws, as impaired drivers pose a significant threat to public safety. Local law enforcement frequently patrols the region, particularly areas known for nightlife, to deter and apprehend impaired drivers. Given the severe consequences of a DWAI conviction, it’s critical to seek legal assistance if charged. DWAI defense lawyers in Long Island have the local expertise to provide the guidance and representation needed to address these charges effectively.
Differences Between DWI and DWAI in New York
It’s important to differentiate between DWI (Driving While Intoxicated) and DWAI (Driving While Ability Impaired):
- DWI involves driving with a BAC of 0.08% or higher. This is a specific threshold based on alcohol consumption alone.
- DWAI is broader and includes impairment by any substance, including drugs, alcohol, or both, that affects a driver’s ability to operate a vehicle safely.
Penalties for DWAI by Drugs and Alcohol
New York has strict penalties for DWAI by drugs and alcohol, including fines, license revocations, and even jail time. Here’s a breakdown of potential penalties for DWAI Combination convictions:
-
- Fines ranging from $500 to $1,000.
-
- License suspension for at least six months.
-
- Possible jail sentence of up to one year.
- Second Offense (Within Ten Years)
-
- Fines ranging from $1,000 to $5,000.
-
- License revocation for one year.
-
- Jail sentence of up to four years.
- Third Offense (Within Ten Years)
-
- Fines up to $10,000.
-
- License revocation for at least one year.
-
- Jail sentence of up to seven years.
These penalties highlight the seriousness of a DWAI Combination charge. They demonstrate New York’s commitment to preventing impaired driving while underscoring the importance of having qualified legal representation.

Is Marijuana-Impaired Driving Illegal?
Yes, driving under the influence of marijuana, even if legally obtained, is prohibited in New York under DWAI laws. Marijuana impacts cognitive function, reaction times, and motor skills, all of which are critical for safe driving. Law enforcement uses various methods to determine marijuana impairment, such as observing physical behavior, conducting field sobriety tests, and sometimes testing for THC levels.
Importance of a DWAI Lawyer in Long Island and Nassau County
Facing a DWAI charge can be overwhelming, especially when dealing with the legal system’s complexities. Hiring an experienced DWAI lawyer in Long Island or Nassau County can benefit you in several ways:
- Case Evaluation: A lawyer will thoroughly review all the details of your case, including police reports and evidence, to identify any violations of your rights.
- Legal Representation: Having an advocate in court ensures that your side of the story is effectively communicated.
- Negotiating Penalties: Your lawyer can work to minimize penalties or negotiate alternative sentencing options, such as participation in rehabilitation programs.
Contact the DWAI Lawyers in Long Island and Nassau County
If you or someone you know is facing a DWAI Combination charge in Long Island or Nassau County, don’t wait to seek legal assistance. The experienced attorneys at Schalk, Ciaccio & Kahn are here to help. We understand the stress of navigating such charges and are committed to protecting your rights. With over 50 years of legal experience, we have successfully defended many clients against DWAI by drugs and alcohol charges. Reach out to us today to schedule your free consultation. Don’t face the legal system alone. Contact Schalk, Ciaccio & Kahn for trusted and effective legal representation.