New York Vehicle and Traffic Code §1192 provides that a person can also face DWI charges if they operate a vehicle while under the influence of a drug. This can include both street drugs and prescription medications. It is also not necessary for a person to fail a breath or blood test to face these charges. An officer can make an arrest based solely on their observations of the driver.
However, the police legally have the right to insist that all drivers submit to a BAC test if the officer suspects that the driver is drunk. A refusal to submit to this test is a violation on its own that can automatically result in fines and a license suspension.
If a BAC test comes back between .05 and .07 percent, a driver faces charges of Driving While Ability Impaired (DWAI). These charges are somewhat less severe than DWI charges but can still be detrimental to a person’s life.
Aggravated DUI Charges
On the other hand, if a test indicates a BAC level of .18 percent or above, a driver can face charges for an Aggravated DWI. An Aggravated DWI charge is a much more serious version of DWI and is defined under New York Vehicle and Traffic Code §1192-2a(a). An Aggravated DWI conviction carries much harsher penalties and will count as a mark on a person’s criminal record.