New York DWI Lawyer

DWI Lawyer NYC

DWI is by far the most common crime we see charged in the state of New York. It is very easy for almost anyone, even the most well intentioned, to find themselves arrested after having had one too many drinks.

You should take these charges very seriously. The maze of laws, rules, regulations and for alcohol related offenses are but impossible for a lay person to understand.

What is DUI in New York?

DUI is the crime of driving under the influence. It covers any case where the driver is impaired by any drug or medication, including marijuana, illegal drugs, and even legal prescription medications. 

What is DWI in New York?

DWI is Driving While Intoxicated, and covers drunk driving cases. There are two types of DWI charges in NYS. The first applies any time a driver is found to be operating a vehicle with a blood alcohol content (BAC) of 0.08% or more. This can only occur after a driver has taken a breathalyzer test administered by a licensed and trained machine operator, typically a specially trained police officer which has resulted in a reading of a BAC of 0.08% or higher.

There is also what is sometimes referred to as common law DWI. This typically occurs after an arrested individual refuses to take the breathalyzer test, and the arresting officer still believes the arrestee is intoxicated.

Both are criminal charges under the NYS Vehicle and Traffic Law and in addition to license suspension and fines, can in theory result in a jail sentence, although this would be quite rare. A conviction of either however, will result in the motorist having a criminal record.  

What is DWAI in New York?

DWAI stands for “driving while ability impaired.” However, there is a major difference between driving while ability impaired by alcohol and impaired by drugs.

DWAI alcohol allows police to arrest you if they believe you are impaired by alcohol to any extent, even if your BAC is under 0.08%. However, this often only results when a breathalyzer test shows a BAC of between 0.05% and 0.07%. DWAI alcohol is less severe than DUI or DWAI drugs. DWAI alcohol is a traffic infraction, at the same level as speeding and does not result in a criminal conviction.

DWAI drugs is treated by the law the same as DWI alcohol. It is a criminal charge that will result in a criminal record upon conviction and carries a possible jail sentence of up to one year. 

What are the penalties for DUI/DWI/DWAI in New York?

In addition to jail time, and depending on whether this is your first charge or you have prior convictions, you can face:

• License suspension
• Mandatory installation of an ignition interlock device
• Increased insurance premiums
• Loss of employment

New York is also an implied consent state, which means you can be arrested and lose your license for refusing to take a breathalyzer test. 

Defense Strategies for DUI/DWI

Breathalyzer tests are notoriously inaccurate, and are often easy to attack in court. Field sobriety tests rely on the police administering the test correctly, which means we can attack these results if the police made even a single mistake. 

We may also be able to attack the prosecution’s case if the police didn’t have sufficient probable cause to pull you over in the first place. 

Other New York DWI Lawyer strategies may be available depending on the facts of your specific case. 

If you or a loved one has been charged with a DWI, get help today. 

Our New York DWI lawyer and New York DUI lawyer are here to defend your rights, and to help you guide your DUI, DWI, or DWAI case to its most advantageous outcome. 

Call 212-691-9404 to schedule a free consultation today. We may be able to help you get your charges dropped, dismissed, or reduced, or secure an acquittal through the trial process.