Suffolk County Attorney Explains DWAI Charges and Penalties

Jason Bassett provides guidance on Driving While Ability Impaired laws in New York.

Mar. 17, 2026 at 1:33am

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Suffolk County DWI defense attorney Jason Bassett is educating drivers on Driving While Ability Impaired (DWAI) charges and penalties under New York law. He explains that a DWAI can be issued even without reaching the 0.08% legal blood alcohol limit, and outlines the differences between DWAI/Alcohol, DWAI/Drugs, and DWAI/Combination offenses.

Why it matters

Many drivers are unaware that they can face impaired driving charges even if their blood alcohol content is below the legal limit. This information is important for motorists to understand the potential consequences they may face, as a DWAI conviction can have lasting impacts on their criminal record, driving privileges, insurance rates, and employment opportunities.

The details

According to Bassett, a DWAI charge under VTL § 1192(1) applies when a motorist's ability to operate a vehicle is impaired by alcohol, even without reaching a 0.08% BAC. Prosecutors can rely on observations like slurred speech, bloodshot eyes, and poor field sobriety test performance to support the charge. DWAI offenses are classified as either a traffic infraction (DWAI/Alcohol) or a misdemeanor (DWAI/Drugs, DWAI/Combination), with the latter creating a criminal record. Penalties range from $300-$500 fines and 90-day license suspension for a first DWAI/Alcohol offense, up to $1,000 fines and one year in jail for a first DWAI/Drugs or DWAI/Combination conviction.

  • New York law recognizes three distinct types of DWAI offenses.

The players

Jason Bassett

A Suffolk County DWI defense attorney with over 21 years of criminal law experience.

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What they’re saying

“Many drivers assume that staying below the per se limit protects them from arrest, but even a BAC between 0.07 and 0.08 percent is treated as prima facie evidence of impairment under New York law.”

— Jason Bassett, Suffolk County DWI defense attorney

“The difference between a traffic infraction and a misdemeanor can have lasting consequences for employment, professional licensing, and future legal proceedings.”

— Jason Bassett, Suffolk County DWI defense attorney

What’s next

The firm handles a range of defense strategies in DWAI cases, including challenging the legality of the initial traffic stop, identifying errors in field sobriety test administration, and questioning the calibration and maintenance records of chemical testing equipment.

The takeaway

This information highlights the importance for drivers in New York to understand the nuances of DWAI laws, as even a BAC below the legal limit can result in serious charges and penalties that can have long-lasting impacts on their lives.