Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

Interviewer: Today we’re going to be talking about DWAI Drugs and there are a lot of different terms which people are not familiar with so let me start off with a question that you proposed here. What is the difference between DWI and DWAI?

Michael Kramer: When you say DWAI, you have to say DWAI Drugs because there are two charges with DWAI; There is DWAI Alcohol and there is DWAI Drugs. DWAI Drugs is the more serious charge, it’s a misdemeanor. There are basically three differences between driving while intoxicated, a misdemeanor, and driving while ability is impaired by drugs, also a misdemeanor: One involves alcohol, of course the other involves drugs. The second difference is in the standard of proof applicable and the third is the manner of proof.

In A DWAI Case the Only Prosecutorial Evidence Available are the Police Officers’ Observations and Result of Field Sobriety Tests

The standard of proof in a DWI case requires a prosecutor to prove that a driver has voluntarily consumed alcohol to the extent that he is incapable of employing the physical and mental abilities, which are necessary to operate a motor vehicle. With regard to the proof necessary in a DWAI drug case, a prosecutor must only show that a persons physical or mental abilities necessary to operate an auto are impaired to any extent. That’s obviously a much lower standard. In a DWI case, prosecutors usually rely on the results of a chemical test such as a breath test which quantifies the amount of alcohol present in a motorists system. In a DWAI Drug case, the prosecutor has no such weapon, he can only rely on a police officer’s observations, and the result of field sobriety tests which are not particularly reliable.

Interviewer: So what does DWAI stand for?

Michael Kramer: Driving While Ability is Impaired.

It is Easier To Negotiate a Plea Bargain in a DWAI Drug Case as Compared to a DWI

Interviewer: Is the ability to plea bargain the same in a DWAI Drug case as a DWI case?

Michael Kramer: Basically yes, although it is usually much easier in a drug case to plea to a lesser charge because of the absence of a breathalyzer reading. In DWI cases, prosecutors look at the specific BAC reading and if it’s too high, they won’t offer the lesser charge. In a DWAI Drug case, you have no such reading. There basically are no tests that would exclude a plea bargain.

Common Scenario Resulting in a DWAI Drug Arrest in New York

Interviewer: Let’s talk about the scenario for a DWAI Drug arrest. The time that someone gets arrested.

Michael Kramer: A DWAI Drug arrest. Well, the events which lead to an arrest usually begin with the stop of your vehicle for some observed vehicle and traffic violation followed by perhaps the smell of alcohol or observations of impairment of a motorist, followed then by some admission by the motorist to the recent ingestion of marijuana or other drugs. Then the conducting of field sobriety tests, perhaps then followed by a search of the car if marijuana smell is detected and then an arrest. Subsequent to an arrest, you’re usually asked to take a urine test.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161