Friday, May 4, 2018

New York Has NO DUI But Six Types of Impaired and Intoxicated Charges

New York Cannabis and Alcohol Charges
People get confused all the time between the inconsistency of laws from one state to another. Some states have driving under the influence, others operating under the influence, others yet driving impaired and intoxicated. Now with recreational marijuana and medical cannabis in 30 states, we have even more confusion.

What are the key differences in New York state between impairment and intoxication?
Can you be found guilty of both impaired and intoxicated at the same time?
Is it better to be impaired than intoxicated in New York (legally)?


The Breakdown of New York Impairment Versus Intoxication 

New York state has three ways you can be impaired, and three ways you can be intoxicated.  The corresponding charges are as follows:

DWAI by alcohol (driving while ability impaired) VTL 1192 (1)
DWAI drugs (driving while impaired by a drug-NOT alcohol) VTL 1192 (4)
DWAI drugs plus alcohol (driving while impaired by both drugs and alcohol)

DWI Common Law (driving while intoxicated) NO chemical test- proven purely by opinion
DWI .08 or more (driving while intoxicated) per se based upon a test result (breath or blood)
DWI aggravated level .18 or more (driving while intoxicated) per se based upon a test result (breath or blood)

First Key New York Difference Between Impairment and Intoxication Legally

All the impaired charges are defined as impairment to ANY EXTENT incapacity.
All the intoxicated charges are defined as to SUBSTANTIAL EXTENT incapacity.

This is a key difference because it is much easier to prove your mental and physical ability are diminished or not present to ANY EXTENT versus to a SUBSTANTIAL EXTENT.

You cannot be found guilty of intoxication common law (no test) and drug impaired (DWAI drugs)
Intoxication is purely an alcohol induced state legally.

In New York Impairment by Alcohol or Drugs is Easier to Prove Than Intoxication by Alcohol

You can be impaired by alcohol alone. BAC (blood alcohol concentration level .06 or more is a presumption of impairment by alcohol.

You can be impaired by a drug or drugs without any level or with a minimal drug level. New York has no set impairment level for any drug. It is impossible to say how much or how little of any drug will effect you on any given day. Some states have set marijuana levels (CO has 5 nanograms) for     impairment, but again New York has no level for any drug.

You can be found guilty of the combo of drugs plus alcohol but generally if you are over .08 BAC then the police only charge you with alcohol charges.

You will be charged with DWAI drugs and alcohol if you register a low BAC plus show signs of drug involvement.

License Suspensions With Alcohol Charges Begin at Arraignment in New York

If you have a BAC at .08 or more your license privileges will be suspended immediately at the initial appearance. Your license will proceed through various gyrations including conditional privileges.

License Suspensions With Drug Charges are at the End of Your Case in New York

DWAI drug charges do not affect your driving privileges till the final disposition of your case. This occurs at sentencing not before.

Any Alcohol Intoxication DWI Brings a Mandatory Ignition Interlock Device

DWI common law, DWI .08 or more, DWI aggravated all have a 12 month ignition interlock period. This maybe be shortened if there are no issues for six months, and your attorney petitions the court.

The Best Charge to Have in New York State from ALL the Intoxication and Impairment Offenses

It is best if you are merely impaired by alcohol legally because you get the least punishment for    a DWAI alcohol charge. VTL 1192 (1) DWAI alcohol is not a criminal conviction because it is a traffic violation. It has no mandatory ignition interlock device requirement.