Driving While Ability Impaired by Drugs (VTL 1192(4)) – NY DWAI Drugs Lawyer

The Benjamin Goldman Law Office provides legal representation for motorists charged under VTL 1192(4), commonly referred to as Driving While Ability Impaired by Drugs (DWAI Drugs). This statute applies when a driver operates a motor vehicle while their ability to do so is impaired due to the influence of a drug other than alcohol. A conviction under this law is treated as a criminal offense in New York and carries significant consequences. Our firm focuses on traffic and vehicle-related violations statewide, including DWAI Drugs cases under VTL 1192(4).

We assist drivers facing DWAI charges anywhere in New York State—whether your case arises in Hudson Valley, Albany, Poughkeepsie, Newburgh , or Kingston, our firm can review the charge and explain your legal options. We also represent motorists in surrounding counties such as Ulster, Dutchess, and Orange. Consultations are always free.

VTL § 1192(4) – Driving While Ability Impaired by Drugs

A charge under VTL § 1192(4) alleges that you operated a motor vehicle while your ability was impaired by a drug. Penalties for a first offense commonly include fines, mandatory surcharges, possible jail, and license revocation.

• Fine: $500 – $1,000
• Surcharge: $260 or $400 depending on court
• License: Revocation (often at least 6 months for a first conviction)
• Possible Jail: Up to 1 year (misdemeanor)

Although some motorists may assume this is a minor traffic offense, a charge under New York Vehicle & Traffic Law § 1192(4) is a criminal matter with severe consequences. A conviction will lead to steep fines, a mandatory license revocation, a lasting criminal record, and even possible jail time. It is strongly recommended that you consult with an experienced attorney before making any decisions about how to proceed with your case.

Statute

The exact wording of the relevant sub-statute is:

§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs.

4. Driving while ability impaired by drugs. No person shall operate a motor vehicle while the person’s ability to operate such a motor vehicle is impaired by the use of a drug as defined in this chapter.

Understanding VTL § 1192(4)

DWAI Drugs is distinct from alcohol-related DWI statutes. While § 1192(2) and § 1192(3) deal with intoxication by alcohol, § 1192(4) specifically addresses impairment caused by drugs. Importantly, the statute does not require proof of a specific blood concentration; impairment may be established through officer observations, drug recognition experts, toxicology tests, and other evidence.

How to Fight a DWAI Drugs Charge in NY (VTL § 1192(4))

Being charged under New York’s DWAI Drugs statute is serious, but motorists should remember they have the right to contest the charge. Entering a Not Guilty plea is not a claim of innocence but a legal mechanism requiring the prosecution to prove the case beyond a reasonable doubt.

Key defenses to a DWAI Drugs charge may include challenging the legality of the traffic stop or arrest, questioning the qualifications of the officer or drug recognition expert, contesting the reliability of toxicology testing procedures, and presenting alternative explanations for the alleged signs of impairment.

An experienced DWAI attorney can provide crucial guidance when facing charges under VTL § 1192(4). Legal counsel can carefully review the circumstances of your arrest, challenge the legality of the stop, question the officer’s observations or the drug recognition expert’s findings, and identify potential defenses. An attorney can also negotiate with prosecutors to pursue a reduction in charges or work toward a more favorable resolution.

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