New York DWI Lawyer

If you have been arrested for drunk driving in New York, do not make the mistake of thinking you can face these charges on your own. You can rest assured that an experienced New York DWI lawyer can do their best to ensure a positive outcome for you. An adept criminal attorney can work diligently to protect your career, reputation, and freedom.

DWI Offenses in New York

In New York, driving under the influence of alcohol (DUI) is referred to as driving while intoxicated (DWI). Alcohol and drug-related driving offenses are defined in Section 1192 of the New York Vehicle and Traffic Law.

The three primary categories of alcohol-related charges are Driving While Ability Impaired (DWAI), Driving While Intoxicated (DWI), and Aggravated Driving While Intoxicated (ADWI). The penalties for an alcohol-related conviction generally depend on the number of prior VTL §1192 convictions and the person’s BAC level.

Driving While Ability Impaired by Alcohol

A person is guilty of a DWAI if the physical and mental abilities necessary to operate a motor vehicle are actually impaired by any extent due to the consumption of alcohol. Evidence of impairment can include surrounding circumstances (e.g. odor of alcohol, slurred speech, swerving) or a BAC level of .05, but less than .07.

A DWAI Conviction Carries the Following Penalties: 

A first DWAI (traffic infraction) can result in $300-$500 in fines and/or up to 15 days in jail. It can also result in a license suspension of 90 days.

A second DWAI conviction within five years (traffic infraction) can result in $500-$750 in fines and/or up to 30 days in jail. It can also result in a license revocation of at least six months.

A third or subsequent DWAI within 10 years (unclassified misdemeanor) can result in $750-$1,500 in fines and/or 180 days in jail. It can also result in a license revocation of a minimum of 18 months.

A New York DWI lawyer can attempt to mitigate the penalties that an individual charged with a DWI may face.

Driving While Intoxicated

A person commits a DWI offense when he or she is incapable, to a substantial extent, of employing the physical and mental abilities necessary to operate a motor vehicle in a reasonable and prudent manner. Intoxication can be established by a BAC of .08 or higher or through other evidence such as facts observed by the arresting officer. 

A DWI Conviction is Punishable as Follows:

A first DWI (unclassified misdemeanor) can result in $500-$1,000 in fines and/or up to one year in jail. It can also result in a license revocation for minimum of six months.  

A second DWI within 10 years (class E felony)can result in a $1,000-$5,000 fine and/or up to four years in jail. It can also result in a license revocation of at least one year.

A third or subsequent DWI within 10 years (class D felony) can result in $2,000-$10,000 fines and/or up to seven years in jail. It can also result in a license revocation of at least one year.

Anyone who has one or more DWI convictions within the past five years will face a mandatory period of incarceration or community service.   Aggravated Driving While Intoxicated

ADWI means that the person has a BAC of .18 or higher and penalties include:

A first ADWI (unclassified misdemeanor) can result in $1,000-$2,500 in fines and up to 1 year in jail. It can also result in a license revocation of at least one year.

A second ADWI within 10 years (class E felony) can result in $1,000-$5,000 in fines and up to four years in jail. It can also result in a license revocation of 18 months.

A third or subsequent ADWI within 10 years (class D felony) can result in $2,000-$10,000 in fines and up to seven years in jail. It can also result in a license revocation of 18 months.

Contact a New York DWI Attorney Today For Help

Get in touch with a skilled criminal attorney today, in order to start discussing your defense options. A New York DWI lawyer can help you fight for a favorable outcome.