VTL 1192(4-a) — Driving While Ability Impaired by the Combined Influence of Alcohol and Drugs

The Benjamin Goldman Law Office provides legal representation for motorists charged under VTL 1192(4-a), which applies when a driver’s ability is impaired by the combined influence of alcohol and one or more drugs. This statute recognizes that even moderate consumption of alcohol, when combined with prescription or controlled substances, can significantly affect safe vehicle operation. Unlike charges based on alcohol or drugs alone, a combined-influence violation allows prosecutors to argue that both substances together impaired judgment and coordination. A conviction under this law is treated with the utmost seriousness and may result in steep fines, license suspension, mandatory assessments, and even jail. Our firm defends motorists across New York State facing DWAI charges, including those under VTL 1192(4-a).

The Benjamin Goldman Law Office is available to assist commercial drivers charged with DWI or DWAI anywhere in New York State. No matter where your case arises, our attorneys can review the allegations and explain your legal options. For example, we regularly represent motorists in Cheektowaga, Saratoga County, Kingston, Hempstead, Islip, Huntington, Plattsburgh, and Watertown. Wherever you are located in New York — from Buffalo to Albany, from Long Island to the Adirondacks — all across New York, the Benjamin Goldman Law Office is here to help. Consultations are always free.

VTL § 1192(4-a) – Driving While Ability Impaired by the Combined Influence of Alcohol and Drugs

If you are charged under VTL 1192(4-a), prosecutors will allege that you operated a motor vehicle while your ability was impaired by the combined influence of alcohol and one or more drugs. This statute applies even when alcohol or drugs alone might not reach the threshold for a standalone charge, but together are claimed to have diminished your ability to drive safely. A violation of this law is treated as a serious traffic offense and can result in significant penalties, including fines, license suspension or revocation, mandatory assessments or treatment, and possible jail time.

• Fine: $500 to $1,000 (first offense)
• Surcharge: $260 or $400, depending on the court
• License: Revoked for 1 year (3 years for a subsequent conviction)
• Possible Jail: Up to 1 year
• Additional Penalties: DMV Driver Responsibility Assessment ($250 per year for 3 years), possible Victim Impact Panel, and mandatory fine even with probation or conditional discharge

Although this may appear to be a lesser charge than a standard DWI, a violation of New York Vehicle & Traffic Law § 1192(4-a) is treated just as seriously. Because the statute involves the combined influence of alcohol and drugs, prosecutors and judges often view it as an aggravating factor rather than a mitigating one. A conviction can result in steep fines, a one-year license revocation, mandatory surcharges and DMV assessments, and possible jail time. Importantly, the law does not allow for an unconditional discharge — even when probation or a conditional discharge is imposed, the court must also order a fine. A conviction under § 1192(4-a) also creates a permanent record that can affect employment, insurance, and future opportunities. It is highly advisable to consult with an experienced attorney before making any decisions about how to proceed with your case.

Statute

The exact wording of the relevant sub-statute is:

§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs.

4-a. Driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the combined influence of drugs or of alcohol and any drug or drugs.

Understanding VTL § 1192(4-a)

VTL § 1192(4-a) reflects New York’s strict stance on motorists who combine alcohol with drugs before driving. The legislature recognized that the simultaneous use of alcohol and drugs—even in amounts that might not cause impairment on their own—can dramatically increase the risk of unsafe operation. Because of this, combined-influence charges are treated as a serious misdemeanor offense, with penalties that can rival or exceed those for a standard DWI.

Many drivers are unaware that they can be charged under § 1192(4-a) even if their blood alcohol concentration (BAC) is below the legal limit for intoxication, or if they took a prescription medication as directed. Prosecutors need only prove that the combination of alcohol and drugs impaired the person’s ability to operate a vehicle safely. Even first-time offenders face serious consequences, including fines, license revocation, mandatory assessments, and potential jail time.

How to Fight a DWAI by Combined Influence in NY (VTL § 1192(4-a))

Being charged under New York’s combined influence statute is a serious matter, but motorists should remember they have the right to contest the charge. Entering a Not Guilty plea is not a claim of innocence or an admission of guilt; it is the legal mechanism that compels the prosecution to prove its case beyond a reasonable doubt. By exercising this right, the evidence, testing procedures, and circumstances of the arrest can be carefully reviewed in court.

Because this offense alleges impairment from both alcohol and drugs, prosecutors and judges will approach the case with heightened seriousness. However, the legal process often leaves room for negotiation, and the outcome may depend heavily on the details of the arrest. Factors such as the accuracy of chemical testing devices, the reliability of toxicology results, the validity of drug recognition expert (DRE) evaluations, and the legality of the traffic stop can all influence whether charges are reduced, challenged, or dismissed.

An experienced DWAI attorney can provide essential guidance when facing charges under VTL § 1192(4-a). Legal counsel can review the specifics of your arrest, challenge the testing protocols or officer observations, and identify potential defenses. An attorney can also negotiate with prosecutors to seek a reduction in charges or protect your driving privileges and record on your behalf.

Fight Your VTL § 1192(4) (a) Ticket CALL NOW FIGHT YOUR TICKET NOW