Staten Island DWAI Attorney

Defending Drivers Charged With Driving While Ability Impaired in Staten Island, NY

If you have been charged with Driving While Ability Impaired (DWAI) in Staten Island, you may feel confused, frustrated, or unsure about what comes next. Many drivers assume that because a DWAI is considered a lower-level offense than a DWI, it is “not a big deal.” In reality, a DWAI conviction can still result in criminal penalties, license suspension, fines, and long-term consequences that affect your job, family, and future.

At The Law Offices of Helene Mark, we provide experienced and strategic defense for individuals facing DWAI charges in Staten Island and throughout New York City. Our firm understands New York’s complex impaired driving laws and works aggressively to protect your rights at every stage of your case.

Call (646) 891-1329 for your free and confidential consultation with a DWAI lawyer in Staten Island.

What Is DWAI Under New York Law?

In New York, impaired driving offenses are governed by Vehicle and Traffic Law (VTL) §1192. Unlike many states, New York does not use the term “DUI.” Instead, offenses are categorized as DWI or DWAI, depending on the level and source of impairment.

Driving While Ability Impaired by Alcohol (DWAI/Alcohol) is defined under VTL §1192(1). A person can be charged if their ability to operate a motor vehicle is impaired to any degree by alcohol—even if they are not legally intoxicated.

This means:

• You do not need a BAC of 0.08%
• You can be charged with a BAC below the legal limit
• Police observations alone may be used as evidence

Common signs officers rely on include slurred speech, bloodshot eyes, poor coordination, or failing field sobriety tests.

Blood Alcohol Concentration (BAC) and DWAI

Blood Alcohol Concentration (BAC) measures how much alcohol is in your bloodstream. While a BAC of 0.08% or higher typically leads to a DWI charge, a DWAI charge can apply when your BAC is below 0.08%, or when impairment is alleged without a chemical test result.

Factors that affect BAC include:

• Amount of alcohol consumed
• Body weight and metabolism
• Food intake
• Time between drinks
• Gender

Because DWAI is not tied to a strict BAC threshold, these cases often rely heavily on subjective police testimony, making experienced legal defense critical.

You Don’t Have to Be Driving to Be Charged

One of the most surprising aspects of New York DWAI law is how broadly “driving” is defined. You can be charged even if:

• The vehicle is parked
• The engine is off
• You are asleep in the driver’s seat

If you are found in “actual physical control” of a vehicle—such as sitting behind the wheel with the keys nearby—you may still face a DWAI charge.

A skilled Staten Island DWAI attorney can challenge whether the prosecution can truly prove operation or control of the vehicle.

Penalties for DWAI in New York

While DWAI is often classified as a violation rather than a misdemeanor, the penalties are still serious.

First DWAI Offense

• Fine of $300–$500
• Up to 15 days in jail
• License suspension for up to 90 days
• Mandatory surcharges and fees

Repeat DWAI Offenses

• Increased fines
• Longer jail exposure
• License revocation
• Possible misdemeanor charges for multiple offenses

A DWAI conviction can also impact insurance rates, employment background checks, and professional licensing.

DWAI Involving Drugs or Combined Substances

New York also criminalizes impairment caused by drugs or a combination of drugs and alcohol.

• DWAI-Drugs (VTL §1192(4)): Impairment by controlled substances
• DWAI-Combination: Impairment by drugs and alcohol together

These charges are more serious than DWAI/Alcohol and may carry:

• Fines up to $1,000
• Jail time up to one year
• License revocation of at least six months

If a child under 16 is in the vehicle, Leandra’s Law may elevate the charge to a felony.

How DWAI Cases Are Prosecuted

New York courts have upheld DWAI convictions based largely on officer observations, as seen in cases such as People v. Cruz and People v. Wheeler. However, these cases also highlight the importance of:

• Proper checkpoint procedures
• Lawful traffic stops
• Accurate administration of field sobriety tests
• Establishing probable cause

At The Law Offices of Helene Mark, we carefully examine every aspect of the arrest to identify weaknesses in the prosecution’s case.

What To Do After a DWAI Arrest

If you have been arrested for drugged driving in Staten Island, what you do next matters a great deal. You have rights, and you are not required to answer all questions from police or prosecutors without a lawyer. It is important not to discuss case specifics with anyone besides your attorney.

If you've been arrested, take these important steps to protect yourself:

• Document what happened before, during, and after your arrest in as much detail as possible
• Keep any paperwork the police gave you, including chemical test results or notices about your license
• Note any potential witnesses or mistakes you believe occurred during your traffic stop or arrest
• Contact a DWIA attorney in Staten Island quickly to protect your legal rights and get real advice

The earlier we can get involved on your behalf, the sooner we can start reviewing evidence, advising you, and protecting your rights at each stage of the process.

How a Staten Island DWAI Lawyer Can Help

Because DWAI is a lower-level offense, prosecutors often refuse to reduce the charge further. That means fighting the case may be your best option.

Our firm may be able to:

• Challenge the legality of the traffic stop or checkpoint
• Question the reliability of field sobriety tests
• Suppress improperly obtained evidence
• Negotiate reduced penalties or alternative resolutions
• Protect your driving privileges whenever possible

Every case is unique, and early legal intervention can make a significant difference.