DWI, DWAI and ADWI Defense
Have you been arrested for DWI? An arrest does not automatically mean that you are guilty but it can affect all areas of your life such as your professional reputation, good standing in the community and personal relationships. Whether you have been charged with DWI (driving while intoxicated), DWAI (driving while ability impaired), ADWI (aggravated driving while intoxicated), BWI (boating while intoxicated) or DWAI/drug (driving while ability impaired, single drug) you will need an experienced attorney to provide you with the best defense possible and to protect your rights.
DWI in the State of New York is an expensive and disruptive experience under the best of circumstances. It is critical that you hire an experienced attorney who can help you minimize this disruption and possibly keep you from having your license suspended or even revoked. A DWI can not only affect your present but could also significantly affect your future. Here is what you need to know:
● A first time DWI carries a fine of between $500 – $1000, a mandatory 6 month suspension or revocation of license and up to a year in jail.
● A second DWI within 10 years is a Class E felony and carries a fine of between $1000 – $5000, a mandatory revocation of one year and up to 4 years in jail.
● The BAC for a DWI in New York is .08%, or other evidence of intoxication, which can be as little as one drink depending several factors. For commercial vehicle drivers, the BAC is .04%.
● Refusal to take the breathalyzer is an automatic one year suspension of your driver's license.
● Aside from the fines, there are also hefty surcharges imposed by the Court.
The right attorney can help you avoid the most serious penalties and can even help you get a restricted or hardship license so that you can continue to drive under certain circumstances like going back and forth to work. They can also help you avoid jail time. There is a very small window of opportunity to reduce the consequences and penalties that may be imposed so it is extremely important that you contact our office without delay so that we can plan a defense strategy that can give you the best chance of success.
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