The offense of Driving While Ability Impaired by Alcohol (DWAI) is a traffic infraction that bars the operation of a motor vehicle when a driver’s physical or mental ability to do so is impaired by alcohol.

A Rochester driver charged with DWAI faces suspension of his or her driver’s license, a fine, and possible jail time.

While there is no requirement that the driver submits to a breath test before he or she can be charged with this offense, New York law has specific rules regarding the weight that should be given to a breath test score when a defendant charged with DWAI did take the breath test.

If the driver has taken a breath test which resulted in a blood alcohol score of .05% or less, this is considered prima facie proof that the driver was not impaired or intoxicated by alcohol.

This means that the prosecution must have sufficient evidence to rebut the findings of the breath test score if they wish to proceed with the DWAI charge.

If the defendant scored more than .05% on the breath test but less than .07%, this is again considered prima facie proof that the defendant was not intoxicated.

It is considered relevant evidence, however, that the defendant was impaired and therefore guilty of DWAI.

As relevant evidence, the breath test score alone would not be sufficient to establish that the defendant is guilty of DWAI, but it does help support the charge if there is other evidence of impairment in the case, such as bad driving.

A score of .07% but less than .08% is considered prima facie evidence of impairment by alcohol.

This means that if the breath test score is admitted into evidence, the burden is on the defendant to rebut the test result.

If the defendant cannot do so, he or she must be found guilty of DWAI.

All drinking and driving offenses can have serious consequences.

If you have been arrested for driving while ability impaired and need legal help, call us at 585-484-7432.