From Law Offices of Jason Bassett, P.C. - What Is a DWAI? breaks down Driving While Ability Impaired under New York Vehicle and Traffic Law § 1192, explaining how DWAI/Alcohol (VTL § 1192(1)), DWAI/Drugs (VTL § 1192(4)), and DWAI/Combination (VTL § 1192(4-a)) are charged and prosecuted in Suffolk County and beyond. This episode explores how New York defines “operate” under the Criminal Jury Instructions, what qualifies as impairment, and how charges differ from a DWI under VTL § 1192(2), including the role of BAC levels such as 0.07% and 0.08%. Listeners will gain clarity on what a DWAI arrest really means and why even a first offense can carry lasting consequences.
We take a close look at the penalties outlined in VTL § 1193, including fines, potential jail time, and license suspensions or revocations imposed by the New York State Department of Motor Vehicles. The discussion covers the Driver Responsibility Assessment (DRA), chemical test refusals under New York's implied consent law, and how repeat offenses within five or ten years can elevate charges from a traffic infraction to a misdemeanor or even a felony. The episode also explains how Leandra's Law impacts cases involving a child under 15 and how the Clean Slate Act and CPL § 160.59 relate to record sealing, while noting that a DWAI conviction remains visible on a DMV driving record abstract for 10 years.
Drawing on more than 21 years of criminal law experience, Jason Bassett, Esq., a former Assistant District Attorney in the Queens County District Attorney's Office and former Special Assistant Attorney General in the New York Attorney General's Medicaid Fraud Control Unit, shares insight into how prosecutors at the Suffolk County District Attorney's Office build impaired-driving cases. A graduate of Boston College Law School and the University of Pennsylvania, and a member of the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, the Suffolk County Criminal Bar Association, the National College for DUI Defense, and the Federal Bar Council, Jason Bassett explains how field sobriety testing under NHTSA guidelines, Drug Recognition Expert evaluations, and chemical test procedures can become central issues in a defense strategy.
Finally, the episode walks through what happens after a DWAI arrest in Suffolk County, from arraignment at the Cohalan Court Complex in Central Islip to administrative license proceedings and motion practice challenging traffic stops and breathalyzer results. Whether your case is pending at the Cohalan Court Complex, the Cromarty Court Complex in Riverhead, or a local town or village court across Long Island, this guide highlights how plea negotiations may reduce a DWI to a DWAI/Alcohol depending on the facts. For those facing charges in Suffolk County or Nassau County, Law Offices of Jason Bassett, P.C., located at 320 Carleton Avenue, Suite 4200, Central Islip, offers direct guidance—call (631) 259-6060 to schedule a free consultation and discuss your case.
Law Offices of Jason Bassett, P.C.
320 Carleton Ave #4200c, Central Islip, NY 11722, United States
(631) 259-6060
https://www.google.com/maps?cid=695024758410642184
