Driving under the influence of any substance is dangerous, but mixing drugs and alcohol creates a particularly hazardous situation. In New York, Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination) is a serious charge. Let’s explore what this means and what you should do if you’re facing these allegations.
What is DWAI/Combination?
DWAI/Combination occurs when your ability to drive is impaired by the combined influence of drugs and alcohol. This means that even if the individual levels of drugs or alcohol might not be enough for a DWI or a single DWAI charge, their combined effect can significantly impair your driving ability.
Why DWAI/Combination is Particularly Dangerous
Mixing drugs and alcohol can have unpredictable and amplified effects. This combination can lead to:
- Increased Impairment: The combined substances can intensify the effects of each other, leading to greater impairment.
- Unpredictable Reactions: The interaction of drugs and alcohol can produce unexpected and dangerous reactions.
- Difficulty in Detection: Proving impairment can be complex, as it involves assessing the combined effects of multiple substances.
The Consequences of a DWAI/Combination Conviction
The penalties for DWAI/Combination are generally similar to those for DWAI/Alcohol or DWAI/Drug, but the court may consider the increased severity of the offense:
- Fines: You’ll face fines, which can be higher than for a single DWAI charge.
- License Suspension/Revocation: Your license can be suspended or revoked.
- Mandatory Programs: You may be required to complete drug and alcohol education or treatment programs.
- Points on Your License: You’ll receive points on your driving record.
- Increased Insurance Rates: Your insurance rates will likely increase significantly.
Defense Strategies for DWAI/Combination
Building a defense against DWAI/Combination charges requires a skilled attorney. Potential strategies include:
- Challenging the Officer’s Observations: Questioning the officer’s assessment of your combined impairment.
- Examining the Accuracy of Drug and Alcohol Tests: Scrutinizing the reliability of blood, urine, or breathalyzer tests.
- Presenting Evidence of Legitimate Drug Use: Demonstrating that you were taking prescription medication as prescribed.
- Challenging the Scientific Evidence: Questioning the scientific basis for determining the combined impairment.
Understanding Related Charges
It’s vital to understand the distinctions between DWAI/Combination, DWAI/Alcohol, DWAI/Drug, and DWI. Also, be aware of the zero tolerance law, chemical test refusal implications, and Aggravated DWI possibilities. If you are an out of state driver, ensure you understand how the DWAI charge will impact your home state.
Why Choose James Medows?
James Medows is an experienced New York traffic attorney who understands the complexities of DWAI/Combination cases. He can help you navigate the legal process and protect your rights.
Don’t Underestimate a DWAI/Combination Charge
A DWAI/Combination conviction can have serious consequences. Contact James Medows today for a consultation and let him help you protect your driving privileges and your future.