DWI

Driving While Intoxicated (DWI) in the state of New York is a very serious offense that can have a huge impact on your life for years to come. Everyone can agree that choosing to get behind the wheel of a vehicle while inebriated is not a smart decision. This momentary act could affect your ability to get a job, to vote, and to travel abroad; it is a debilitating long term consequence to a fleeting moment of bad judgment. While it is never a good idea to drive when drunk, should you find yourself in a bad situation there are some facts to know about DWI in New York.

What constitutes a DWI in New York?

To determine if you are driving while intoxicated the state of New York uses a unit of measure call BAC, or Blood Alcohol Concentration. The state will charge you with a DWI if your BAC is:

1. 0.08% and you are over 21 years of age.
2. 0.04% and you are operating a commercial motor vehicle.
3. 0.02% and you are below the age of 21 years.

There are additional charges that can be levied if the following apply:

1. Driving while ability impaired (DWAI) could apply for alcohol even if you are not above the legal limit.
2. You could also risk a DWAI charge if the authorities determine that drugs are the contributory factor to the impairment instead of alcohol.
3. If your BAC is 0.18% or higher, an aggravated DWI charge could apply, which is a more serious offense.
4. Refusal to take the preliminary breath test or submit blood for testing can also come with additional fines and penalties.

The penalties for the above charges can vary, but below is a rough guideline:

Additional charges can add to the penalties and fees. As you can see, a DWI charge can be considered a felony which can inhibit your ability to get a job, rent a home, and travel abroad. Your best option is to contact an attorney that understands DWI in New York State and can negotiate on your behalf to help mitigate some of these penalties. In some cases we can fight the DWI charges and win. When that is not an option we can often minimize the consequences. We also work to make sure you understand all of your options and help you through the whole process. A DWI in New York State is a serious charge; make sure you hire a serious attorney that is familiar with laws specific to New York.