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Tag Archives: DWAI-D

Queens Driver Kills Cyclist and is Charged with DWAI-D

Queens Driver Charged with a DWAI-D—Driving While Ability Impaired by Drugs After Killing a Cyclist

Article Originally Featured on NBC 4

The driver of a tractor trailer driver has been arrested on a manslaughter charge in connection with an accident in Queens that killed a bicyclist.

Police say 57-year-old Dennis Forceri was making a right turn onto 56th Road at 48th Street in Sunnyside Wednesday morning when he struck 34-year-old Anna Rodriguez, of Ridgewood.

Rodriguez was pronounced dead at Elmhurst General Hospital.

Police say Forceri was taken into custody at the scene. He also faces criminally negligent homicide, DWAI-D–Driving while Ability Impaired by Drugs and other charges.

It wasn’t clear if he had a lawyer.

*Photo Credit: “Ghost Bike” By: Todd/Source: Flickr

Everything You Should Know About DUI and DWI

Drinking and driving can be a dangerous and costly combination.  In New York, about 90,000 DWI-related arrests are made every year.  The 4 common drug and alcohol related offences are:

  1. DWI—Driving While Intoxicated

A driver is usually stopped and charged with a DWI when they give an officer probable cause, such as swerving, to test their Blood Alcohol Content (BAC) using a breathalyzer test. Any driver over the age of 21 can be charged with a DWI if their BAC or blood alcohol content is .08 % or greater.  Underage drivers can be charged if their BAC is .02 % and commercial/motor drivers can be charged if their BAC is at least.04%.

  1. DWAI—Driving While Ability Impaired

The DWAI offense is the lowest offense for alcohol and drug related charges.  This is the only alcohol related charge that is merely a traffic violation.  Individuals charged with a DWI sometimes get their charges reduced to DWAI.  Their attorney might work with a District Attorney to settle for this lesser charge.  The success of being offered a DWAI depends on the facts and circumstances of the case and whether or not this is a repeated offense.  A conviction will lead to a 90 day license suspension and fines.

  1. ADWI—Aggravated Driving While Intoxicated

The ADWI can be given to any driver with a BAC of .18% or greater.  This type of charge can lead to fines, license suspension, and even jail time.  The ADWI can sometimes be reduced to a DWI depending on the driver’s case.  Although the initial ADWI is considered a misdemeanor, any repeated ADWI is considered a felony.

  1. DWAI-D—Driving While Ability Impaired-Drugs

A driver can be charged with a DWAI-D if they drive after consuming illegal or prescription drugs.  Usually a chemical test, which requires a blood or urine sample, is administered after an accident occurs to determine the presence of drugs in the driver’s body.

If you have received a traffic ticket for a DUI, DWI or any other alcohol and drug related offences, please contact us immediately at 212-227-9008 or email us at michaelblock.law@gmail.com to learn more about how we can defend you.

*Photo Credit: “Beer Bottle – DUI” By: New York Lawyers/Source: Flickr

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