The Law Offices of Jesse Hoberman-Kelly
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DWI & DUI

Drunk driving in New York is the act of operating or driving a motor vehicle while under the influence of alcohol or drugs to the degree that mental and motor skills are impaired.

The specific criminal offense in New York is Driving While Intoxicated (DWI). In other states it is referred to as Driving Under the Influence (DUI). New York also has the lesser offense of Driving While Ability Impaired (DWAI). Such laws may now apply to boating, piloting aircraft, and many other motor vehicles.

What are the types of alcohol and drug-related violations in New York State?

  • Driving While Intoxicated (DWI): .08 Blood Alcohol Content (BAC) or higher or other evidence of intoxication. For drivers of commercial motor vehicles:  .04 BAC or other evidence of intoxication
     
  • Aggravated Driving While Intoxicated (Aggravated DWI):  .18 BAC or higher
     
  • Driving While Ability Impaired by Alcohol (DWAI/Alcohol):  more than .05 BAC but less than .07 BAC, or other evidence of impairment
     
  • Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)
     
  • Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination)
     
  • Chemical Test Refusal:  A driver who refuses to take a chemical test (normally a test of breath, blood or urine)
     
  • Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law

 

What is the difference between DWI and DWAI?

  • Intoxicated is defined as the voluntary consumption of alcohol causing impairment which renders a person incapable to a substantial extent of employing the physical and mental abilities which are needed to possessed in order to operate a vehicle as a reasonable and prudent driver.
  • Impairment is defined as impairment to any extent of the physical and mental abilities needed to be possessed in order to operate a vehicle as a reasonable and prudent driver.
  • DWI is a misdemeanor offense giving a person  a criminal record. A first time offender shall be punishable by a maximum one-year jail term and/or a fine of $500-$1000 and a mandatory license revocation of six months. There is no enhancement of sanctions if the defendant has a prior conviction of DWAI. A prior conviction for DWI within the last 10 years will result in a felony charge and enhanced sanctions.
  • DWAI is a traffic infraction and not a crime and will not leave a person with a criminal record. A first time offender shall be punishable by a maximum jail term of 15 days and/or a fine of $300-$500 and a license suspension of 90 days. A second time offender within 5 years shall be punishable by a maximum jail term of 30 days, and/or a fine of $500-$750 and a license suspension of 6 months. A third time offender shall be punishable by a maximum jail term of 90 days, and/or a fine of $750-$1500 and a license suspension of 6 months.

What are the penalties for alcohol or drug-related violations?

In New York State, the penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term.

Click to see a table of charges and penalties.
 

Additional penalties

  • greater penalties can also apply for multiple alcohol or drug violations within a 25-year period
     
  • surcharges are added to alcohol-related misdemeanors ($260) and felonies (generally $400, but varies slightly depending on court of conviction)
     
  • three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years
     
  • a driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also, a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation

* Sources include www.dmv.ny.gov and en.wikipedia.org

If you have been charged with a DWI/DUI, you are going to need choose amongst countless DUI lawyers. Talk to somebody with a successful track record. Contact the Law Offices of Jesse Hoberman-Kelly immediately for your free phone or office consultation.

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