Q: Passed breathalyzer (of course,) failed field sobriety so officer charged me with dui based on that.

A: Not sure the question but the officer could suspect another substance as a reason for the charge.

DWAI May Be a Less Serious Charge, but It Is Still a Violation.

In New York State, DWAI or Driving While Ability is Impaired tends to carry less severe penalties than a DWI or an Aggravated DWI conviction. A conviction to a DWAI is not a criminal conviction but instead a traffic violation. If you have been charged with a DWAI in New York, you need an experienced New York DWAI Lawyer represent you to protect your driving record and secure your future from a DWAI violation.

Because DWAI Is a Violation, There Are Substantial Consequences.

Driving While Impaired by a Drug (DWAI-Drug) fines range from $500 to $1,000, the maximum jail time is 1 year, and there will be a driver’s license suspension for at least six months. Additional penalties apply to second and third DWAI convictions. Although the penalties are less severe than a DWI, they can have a negative impact, such as markedly higher insurance rates and could impact your job or future employment opportunities.

A: More specific factual backgrounds will be necessary for a better answer.

Why were you pulled over in the first place? Speeding? A broken tail light? Was this done part of a traffic "checkpoint" stop by the police? Roadblocks? Did you have any prescription medication in your system or with you?

I strongly recommend that you retain a local counsel who knows the personality and culture of the local courts of your jurisdiction. Never lightly jump to the reduced charge that may be offered at an early stage of the case since the ramification will be most likely severe.

You may want to keep in mind that the State has the burden of proof, and you don't need to prove or disprove anything, and you are entitled to many kinds of information a/k/a "discovery".

A: There could be multiple innocent causes for failure of field sobriety tests, and there are grounds to attack the police officer’s performance of these tests. If you were charged with a crime, I would highly recommend you consult with an attorney experienced in DWI defense so you can protect your rights.