VTL § 1192.1, "Driving While Ability Impaired"

Driving While Ability Impaired is more commonly known as a “DWAI” is a violation. It is not a crime but it will stay on your driving abstract. It can also affect insurance premiums. The violation is commonly used as a plea bargain when a motorist is charged with the more serious DWI criminal charge.

The statute reads:

“No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol.”

A first-time conviction for DWAI will carry a fine between $300 to $500, a ninety-day suspension of your driving privileges, and could include participation in programs like the Victim Impact Panel. While it is more lenient than other DWI convictions, it can also include fifteen days in jail.

A second conviction within five years will increase the fine range from $500 to $700 and result in license revocation for six months. The possible jail term also increases to thirty days.

DWAI and DUI convictions stack on top of each other. A third conviction within ten years increases the fine range from $750 to $1,000 and the possible jail term to 180 days. However, the license revocation remains at six months.

Benjamin Goldman Law Office

For any DWI related issues, you can contact the Benjamin Goldman Law Office. Our law firm helps motorists with all types of traffic-related charges. We have experience in all DWI related matters and can help you in the New York City metropolitan area. Our attorneys have assisted with clients with DWI charges in Long Island, New York City, and Upstate New York. The Benjamin Goldman Law Office provides all motorists with a free consultation. We can discuss the case with you and your relatives or anyone assisting with your situation. Our team looks forward to working with you. Contact us at your convenience.

Fight the VTL § 1192.1 Ticket