|New York Cannabis and Alcohol Charges|
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 IntoxicationNew 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 LegallyAll 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 AlcoholYou 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.