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Driving while intoxicated (DWI) and driving under the influence (DUI) are serious criminal offenses in New York. These laws are designed to reduce accidents caused by impaired driving, whether from alcohol, drugs, or a combination of both. New York uses specific terminology, most commonly referring to these charges as DWI, with related offenses such as driving while ability impaired (DWAI) and aggravated DWI. The consequences for these offenses vary depending on several factors, including blood alcohol content (BAC), prior offenses, and whether there was any property damage or injury.
If you have been arrested or charged with a DUI or DWI in New York, it is important to seek legal help for several reasons. First, the legal process can be complex, and the consequences for a conviction can be severe, including license suspension, hefty fines, higher insurance rates, criminal records, and even jail time. A experienced lawyer can protect your rights, help you navigate court proceedings, and work to minimize penalties. Common situations where you may need legal assistance include repeat offenses, refusing a chemical test, being underage, or causing an accident while impaired. Additionally, a lawyer can review the circumstances of your arrest to ensure proper procedures were followed.
New York's laws surrounding DUI and DWI set strict limits for drivers. The legal BAC limit is 0.08 percent for drivers 21 years and older, 0.04 percent for commercial drivers, and 0.02 percent for drivers under 21. The state distinguishes between DWI, aggravated DWI (BAC of 0.18 percent or higher), and DWAI, which can involve alcohol or drugs. New York follows an "Implied Consent" law, requiring drivers to submit to chemical testing if suspected of impaired driving. Refusal to submit to testing leads to automatic license suspension and fines. Penalties increase with aggravating factors, such as repeat offenses, high BAC levels, or injury or death resulting from impaired driving.
In New York, DWI stands for "Driving While Intoxicated" and typically applies for a BAC of 0.08 percent or higher. DWAI stands for "Driving While Ability Impaired" and can refer to impairment by alcohol (with a BAC of 0.05 to 0.07 percent) or drugs.
You can refuse, but refusal leads to automatic penalties, including license suspension and fines due to New York's Implied Consent law. Refusal may also be introduced as evidence in court.
A first-time DWI can result in up to one year in jail, fines ranging from $500 to $1,000, and a six-month license revocation. Additional penalties may apply depending on the circumstances.
Yes, a DWI conviction in New York is a criminal offense and will appear on most background checks, potentially affecting employment or housing opportunities.
Depending on the circumstances and evidence, a defense attorney may be able to negotiate a reduction of charges or dismissal, particularly if there were procedural errors or insufficient evidence.
Generally, your license will be suspended at arraignment, but you may be eligible for a conditional license that allows limited driving, such as to work or school, during your case.
New York's "Zero Tolerance Law" applies to drivers under 21, setting a BAC threshold of 0.02 percent. Penalties can include license suspension, fines, required attendance at an alcohol education program, and other sanctions.
A DWI conviction remains on your New York driving record for at least 15 years, but some records may remain for life, especially for repeat offenses.
While you are not required to have a lawyer, it is strongly recommended. A lawyer can protect your rights, help understand your options, and potentially mitigate penalties.
Non-residents charged with DWI in New York are subject to New York law, and any resulting penalties may also be reported to your home state. It is important to consult a lawyer familiar with both New York and your home state's laws.
If you or someone you know needs assistance, the following resources provide information and support:
If you are facing a DUI or DWI-related charge in New York, it is important to act quickly. Here are recommended steps:
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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