Driving While Ability Impaired In New York - What it is and What the Consequences Might Be
What does driving while impaired mean? The term driving while impaired or driving while ability impaired can mean a variety of things depending on where you live. In many states, it is a charge which is used when someone has been caught driving under the influence of alcohol and drugs. In these states, it is related to driving under the influence (the well known DUI), but is generally considered a lesser offence.Despite being a lesser offence, the penalties are still harsh. This charge is generally focused on driving after the consumption of alcohol or drugs, but it can also encompass a wide variety of impairments that are not related to poor decisions on the part of the driver. The Centers of Disease Control keep track of impaired driving statistics. According to their data, nearly 31% of all traffic related deaths are the result of alcohol impairment.
The standard for what constitutes driving while ability impaired was set in New York state with the case People v. Cruz. This case found that a person is considered ability impaired when their consumption of alcohol or drugs has caused their physical and/or mental abilities needed to be a reasonable and prudent driver to be impaired to any extent. In other words, while a DUI relies on verification of blood alcohol content being above the legal limit, a charge for driving while ability impaired only requires that the driver be assessment as having their mental and/or physical ability to drive impacted in a negative manner.
While in New York this is focused specifically on alcohol and drugs, in other states it can include other impairments, such as driving while visually impaired. A conviction on a driving while ability impaired charge in the state of New York can carry a fine of up to 1,000 dollars, license suspension, and a year in jail for a first offense with subsequent convictions carrying steadily increasing penalties. Three violations in 10 years can earn a 10,000 dollar fine and seven years in jail.
Both arrests and convictions on driving while ability impaired charges will appear on your permanent driving record. Depending on where you live, these charges will also list the exact reason for the charge/conviction (drugs, alcohol, or other impairment). Having such items on your permanent record can cause problems in terms of employment as well as in court cases in which your character must be established.
If you would like to see what information is on your permanent driving records, you can contact the DMV to obtain your record or you can go through a company that obtains such reports for a fee. As the DMV is complicated, using a company is often the best and easiest option available to you. If you are an employer who would like to obtain information on an employee's driving record or potential hire, using an agency is likely a safe bet. Contact Us today for information on the costs associated with this information.
