If you have been charged with driving while ability impaired, or DWAI, you may be wondering what you can expect. It is not quite as severe a charge as a DWI, but it still comes with some hefty consequences that you don’t want to follow you around.
Driving While Ability Impaired | Marijuana DWAI Charge
A common charge for DWAI by drugs involves the use of marijuana. There is no test that the police can perform consistent with a breath test like you do with a Driving While Intoxicated. The police officers would rely upon their observations of you. Again, in this case, you would probably need to have a Drug Recognition Expert brought in, someone who is specifically trained with how to detect whether or not someone was under the influence of marijuana while driving.
Driving While Ability Impaired | DWAI by Drugs
In addition to Driving While Intoxicated under the influence of alcohol, you could be arrested for driving while under the influence of drugs. The law refers to that as a Driving While Ability Impaired by drugs. Typically there is an officer who is specially trained in determining whether or not you are under the influence of drugs. This officer, many times, is different from the officer who would have the ability to determine whether or not you are intoxicated. This person is typically referred to as a Drug Recognition Expert, and they’re specifically trained to detect whether not that person is impacted by the use of drugs as opposed to alcohol.
Driving While Ability Impaired | DWAI vs. DWI
The difference between a DWI and a DWAI conviction is that a Driving While Intoxicated conviction is a crime. It’s a misdemeanor. A Driving While Ability Impaired is a violation like a traffic ticket. A Driving While Ability Impaired conviction is not a predicate offense for a felony charge. The fees and the consequences of a Driving While Ability Impaired charge are less serious than a Driving While Intoxicated charge.
If you are looking for legal representation for your DWAI charge, please call our Rochester DWAI lawyer today for a free consultation.