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DWAI Impaired By Drugs

If you have been arrested for a drug-related DWAI, our experienced New York DWI DUI lawyers can provide you with the aggressive and personalized defense necessary to get your charges reduced or your case dismissed entirely.

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Driving While Ability Impaired by Drugs (DWAI by Drugs)

New York Intoxicated driving laws do not only apply to alcohol; they also prohibit driving while impaired by drugs or a combination of drugs and alcohol. While being charged with a DWI in some cases requires a specific level of BAC, any substance which can affect your mental and physical capabilities are subject to a DWAI charge, and there is no particular threshold under which you would be legally permitted to operate a motor vehicle. This can include legal drugs, for which you have a prescription but which impair your ability to safely operate a motor vehicle such as a car, motorcycle, or truck.

Drug-Related DWAI Penalties

It’s important to note that penalties for a drug DWAI are not the same as a DWAI by alcohol. The punishment for a drug-related DWAI or a combination of drugs and alcohol is the same as DWI. A DWI attorney in New York can explain the penalties you may face and how best to fight your charges.

To be convicted of a drug-related DWAI, the prosecution must prove:

For your first DWAI-Drug charge, it is considered a misdemeanor, which is punishable by a maximum jail sentence of one year, a fine between $500 and $1,000, and license suspension for six months. However, your second DWAI-Drug charge within ten years is considered a Class E felony, punishable by a four-year prison sentence, a fine of up to $5,000, and license suspension for a year.

An experienced DWI DUI /DWAI attorney should explain a lower standard for being “impaired” by drugs than for being “intoxicated” by alcohol if your ability to operate your vehicle safely is “impaired” to any extent by the consumption of a scheduled drug than you can be charged with DWAI drugs.

Third-Time DUI/DWI?

For your first DWAI-Drug charge, it is considered a misdemeanor, which is punishable by a maximum jail sentence of one year, a fine between $500 and $1,000, and license suspension for six months.

However, your second DWAI-Drug charge within ten years is considered a Class E felony, punishable by a four-year prison sentence, a fine of up to $5,000, and license suspension for a year.


Again, there is the possibility of a jail sentence, but the maximum is one year. Finally, for a first-time DWAI with drugs, the driver will have their license suspended for at least six months.

If the DWAI is based on a combination of alcohol and drugs, the fine and jail terms are the same, but the driver will have their license revoked for at least six months.

Alcohol DWAI

For a DWAI specifically for alcohol, the acceptable ranges from $300 to $500. The maximum potential jail sentence is 15 days. Lastly, the driver will have their license suspended for 90 days. Under the zero-tolerance law, the driver has to pay a $125 civil fee and a $100 fee to terminate the suspension. There is no jail time, but the license will be suspended for six months.

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I chose The Kugel Law Firm based on the reviews that are so good that it was a bit suspicious. But make no mistake - they are all well-deserved. No outcome in the court system is guaranteed but Rachel will go out of her way to fight for you. She is a walking encyclopedia when it comes to this stuff and on top of that, she is super friendly and always available to talk and break things down for you. If you've found yourself in the unfortunate situation of a DWI then look no further. I can't imagine anybody better. Thanks Rachel!
Rachel is a fantastic lawyer and was help to help resolve my DUI with the best poasible outcome. She explained everything to me in detail to help me understand all of my options. Additionally Linda in her office was always extremely responsive and helpful and they were just a pleasure to work with! I am very happy with the outcome of my case and would reccommend Rachel's services to anyone who needs them!
At a time when my options were limited to non-existent, I contacted Kugel Law firm. That’s when I met Rachel. I never needed a lawyer before and was unsure of where to start. Rachel and Linda were kind, empathetic, calm and always a phone call away. Thanks to her, my case received the best possible solution. My case was closed, fully dismissed. OVER! I highly recommend her, if you need help. Rachel is the one!
This law firm turned a traumatic experience into a bearable one. Rachel and her staff were very communicative and honest about the process. That meant everything and also made us happy about our favorable outcome.
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I’m from California. I didn’t know who to turn too. Don’t know the laws and obviously don’t know the which roads to turn on in NYC. Thankfully I was able to get my DUI dismissed. Moral of the story, don’t drive with any alcohol in your system. Also check out Kugel Law Firm and Rachel and her amazing team if your in trouble.
The level of knowledge, professionalism and service from Kugel Law is fantastic. Unfortunately, I've had experience with a number of firms over the years - Rachel and her team are top notch in comparison. I contacted, and spoke with Rachel, when searching and evaluating counsel for a family member. In a short period of conversation, I was comfortable, at ease and confident in their representation. They took a long view in managing a very difficult situation that ultimately resulted in a reduction of the charges that I never thought possible - a tremendous outcome from tremendous people.
Helpful, kind, and had my best interest in mind all the way through. Mrs. Kugel has been extremely generous with her time explaining each step of the process clearly and in easy to understand terms. The Kugel Law Firm delivered results exceeding my high expectations, in other words, completely dismissed.
I never been in a situation where it required a lawyer. So happy I went to the Kugel law firm. Rachel was supportive, honest, and cared more beyond just a check she was receiving from me. She checked up on me without me having to go serve for her. She always explained each outcome and possibilities and made me feel supportive during a horrific situation. Defiantly recommend to have you back and represent you in a case.

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At The Kugel Law Firm, we are dedicated to protecting all of our client’s rights, reputations, and freedom. With over 25 years of legal experience, we possess the comprehensive knowledge of New York laws and court processes and the expertise to help you navigate through the complexities of your case. Let our The Kugel Law Firm-New York-based attorneys fight for you today.

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