In New York County (Manhattan), a DWAI (Driving While Ability Impaired) is a traffic infraction under NY VTL § 1192(1) carrying up to 15 days in jail. Law Offices Of SRIS, P.C. has handled thousands of traffic cases firm-wide. A DWAI Lawyer New York can help you protect your driving record.
Last verified: April 2026 | New York County Supreme Court | NY State Legislature
New York Vehicle and Traffic Law (VTL) § 1192(1) defines DWAI as operating a motor vehicle while your ability is impaired by alcohol, drugs, or a combination of both. Unlike DWI (Driving While Intoxicated), which requires a blood alcohol content (BAC) of 0.08% or higher, a DWAI charge can be brought with a BAC of 0.05% to 0.07%. This is a traffic infraction, not a criminal offense, but it still carries serious consequences for your driving privileges and insurance rates. A DWAI Lawyer New York from SRIS, P.C. can explain the specific elements of this charge.
For more information, you can review the official New York Vehicle and Traffic Law § 1192 on the NY State Legislature website. You can also visit the New York County Supreme Court website for local court procedures.
In New York County (Manhattan), the Traffic Violations Bureau (TVB) handles most DWAI cases. Unlike local courts, the TVB does not allow plea bargaining. Your case will be heard by an Administrative Law Judge (ALJ). This makes a strong defense strategy critical from the start.
- Step 1: Plead Not Guilty. You must mail in your ticket or appear in person to plead not guilty and request a hearing.
- Step 2: Gather Evidence. Collect the police report, any dashcam footage, and witness statements.
- Step 3: Pre-Hearing Conference. Contact the TVB to discuss your case and any potential motions.
- Step 4: Attend Hearing. Present your case before the ALJ. The officer must appear to testify.
- Step 5: Receive Decision. The ALJ will issue a decision. You may have the right to appeal to a higher court.
In New York County (Manhattan), a first-offense DWAI carries a fine of $300 to $500 and up to 15 days in jail.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First Offense | Traffic Infraction | Up to 15 days | $300 – $500 | 90-day suspension (if refused test) | Driver Responsibility Assessment: $100/year for 3 years |
| Second Offense (within 5 years) | Traffic Infraction | Up to 30 days | $500 – $750 | 6-month suspension | Possible ignition interlock device |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has handled 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, demonstrating a deep understanding of the law. The firm provides strong representation for clients facing traffic charges.
Firm-wide, Law Offices Of SRIS, P.C. has handled 4,739+ documented case results with over 93% favorable outcomes. This includes thousands of traffic cases across New York, Virginia, Maryland, New Jersey, and Washington D.C. Results may vary. Prior results do not guarantee a similar outcome.
Our New York location serves clients at New York County (Manhattan) courts. The location is accessible via FDR Drive, West Side Hwy, and all subway lines. We serve all neighborhoods in Manhattan, including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood. If you are looking for a dwai lawyer near me New York, we are here to help.
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Frequently Asked Questions About DWAI in New York County (Manhattan)
Is a DWAI a criminal offense in New York County (Manhattan)?
No, a DWAI is a traffic infraction, not a criminal offense.
No, a DWAI is a traffic infraction, not a criminal offense. However, it still carries potential jail time, fines, and a permanent record on your driving history. It is important to take the charge seriously and seek legal advice from a DWAI Lawyer New York.
Can I get a DWAI charge reduced in New York County (Manhattan)?
It depends on the specific facts of your case.
It depends. In NYC’s Traffic Violations Bureau (TVB), plea bargaining is not allowed. However, an attorney can challenge the evidence, such as the accuracy of the field sobriety test or the officer’s observations, which can lead to a dismissal or a finding of a lesser charge.
What is the fine for a first-time DWAI in New York County (Manhattan)?
The fine is between $300 and $500.
The fine for a first-time DWAI is between $300 and $500. You may also face a $100 to $250 Driver Responsibility Assessment for three years. An affordable dwai lawyer New York can help you understand the total potential costs.
Will a DWAI affect my insurance in New York County (Manhattan)?
Yes, a DWAI conviction will likely increase your insurance rates.
Yes, a DWAI conviction will likely cause your insurance rates to increase significantly. The conviction adds points to your driving record, which insurance companies use to assess risk. An attorney can work to minimize the impact on your record.
How long does a DWAI stay on my record in New York County (Manhattan)?
A DWAI conviction stays on your driving record for 10 years.
A DWAI conviction stays on your driving record for 10 years from the date of conviction. This can affect your insurance rates and driving privileges for a decade. A DWAI Lawyer New York can advise you on the long-term consequences.
Last verified: April 2026. Information is current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.